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State of Jammu-Kashmir - Act

Right to Information Act, 2009 Notifications, Circulars, Orders, Etc.

JAMMU & KASHMIR
India

Right to Information Act, 2009 Notifications, Circulars, Orders, Etc.

Rule RIGHT-TO-INFORMATION-ACT-2009-NOTIFICATIONS-CIRCULARS-ORDERS-ETC of 2009

Published on 5 June 2009
Commenced on 5 June 2009
[This is the version of this document from 5 June 2009.]
[Note: The original publication document is not available and this content could not be verified.]

Right to Information Act, 2009 Notifications, Circulars, Orders, Etc.(Up to 21.12.2012)Circular No. 25-GAD of 2009, dated 05.06.2009

1.

The Jammu and Kashmir Right to Information Act, 2009 has come into effect from the 20th of March, 2009. The Act provides for dissemination of information to the residents of the State in the laid down manner. The Act requires the Public Authorities of the State Government to take various specific actions in a time bound manner. The Public Authorities under the Act means any authority or body or institution of self-Government established or constitutedi. 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, 2009

Chapter 1
Introduction

1. 1. Please throw light on the background of this hand-book (Right to Information Act, 2009).

1.2Objective/purpose of this hand-book

1.3Who are the intended users of this hand book?

1.4Organisation of the information in this hand-book.

1.5Definitions (Please provide definitions of various terms used in the hand book.

1.6Contact person in case some body wants to get more information on topics covered in the hand-book as well as other information also.

1.7Procedure 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.

2.2Mission/Vision Statement of the public authority.

2.3Brief history of the public authority and context of its formation.

2.4Duties of the public authority.

2.5Main activities/functions of the public authority.

2.6List of services being provided by the public authority with a brief write-up on them.

2.7Organizational Structure Diagram at various levels namely State, directorate, region, district, block etc (whichever is applicable).

2.8Expectation of the public authority from the public for enhancing its effectiveness and efficiency.

2.9Arrangements and methods made for seeking public participation/contribution.

2.10Mechanism available for monitoring the service delivery and public grievance resolution.

2.11Addresses of the main office and other offices at different levels. (Please categorise the addresses district wise for facilitating the understanding by the user).

2.12Morning 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
Powers	Administrative	1.2.3.
	Financial	1.2.3.
	Others	1.2.3.
Duties		1.2.

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 documentType of the document Choose one of the types given below.(Rules, Regulations, Instructions, Manual, Records, Others)Brief Write-up on the DocumentAddress: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

This will help a citizen understand on what basis public participation in formulation and implementation of policy matters is decided upon.Implementation of Policy

5.2Whether there is any provision to seek consultation/participation of public or its representatives for implementation of policies? If there is, please provide details of provisions in following format.

Sr. No.	Subject/Topic	Is it mandatory to ensure public participation (Yes/No)	Arrangements for seeking public participation

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 oneline	Procedure to obtain the document	Held by/under control of

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 BodyType 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 CompositionHead of the BodyAddress of main office and its BranchesFrequency of MeetingsCan 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	E-Mail	Address
				Office	Home

Public Information Officers:

Sr.No.	Name	Designation	S.T.D. Code	Ph. No.	Fax	E-Mail	Address
				Office	Home

Department Appellate Authority:

Sr.No.	Name	Designation	S.T.D. Code	Ph. No.	Fax	E-Mail	Address
				Office	Home

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)

9.2What 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?

9.3What are the arrangements to communicate the decision to the public?

9.4Who are the officers at various levels whose opinions are sought for the process of decision making?

9.5Who is the final authority that vets the decision?

9.6Please provide information separately in the following format for the important matters on which the decision is taken by the public authority

S. No.
Subject on which the decision is to be taken
Guideline/Direction if any
Process of Execution
Designation of the officers involved in decisionmaking
Contact information of above mentioned officers
If not satisfied by the decision where and how toappeal.

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	E-Mail	Address
				Office	Home

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

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, technicalworks

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 completeexecution of the work

For other Public Authorities

Sl. No.	Head	Proposed Budget	Sanctioned Budget	Amount released/disbursed (no. of instalments)

Chapter 13
Manner of Execution of Subsidy Programmes

13. 1. Please provide the information as per the following format:

Name of Programme/SchemeDuration of the programme/schemeObjective of the programmePhysical and financial targets of the programme (for the last year)Eligibility of BeneficiaryPre-requisites for the benefitProcedure to avail the benefits of the programmeCriteria 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 AttachmentsWhere to contact in case of process related complaintsDetails 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
					District	City	Town/Village	House No.

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 ProgrammeType (Concession/Permits/Authorization)ObjectiveTarget set (For the last year)EligibilityCriteria for the eligibilityPre-requisitesProcedure to avail the benefitsTime limit for the concession/Permits/AuthorizationsApplication Fee (where applicable)Application format (where applicable)List of attachments (certificates/documents)Format of AttachmentsList of beneficiaries in the format given below

S.No./Code	Beneficiary Name	Validity period	Parent Guardians	Address

Also provide the following information for Concession Detail of the benefit given Distribution of benefits

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 LibraryDrama and ShowsThrough News PaperExhibitionNotice BoardInspection of Records in the OfficeSystem of issuing of copies of documentsPrinted Manual AvailableWebsite of the Public AuthorityOthers means of advertising

Chapter 18
Other Useful Information

18. 1. Frequently Asked Questions and their Answers

18.2Related to seeking informationApplication form (a copy of filled application form for reference) FeeHow to write a precise information request Few TipsRight of the Citizen in case of denial of information and procedure to appeal

18.3With relation to training imparted to public by Public AuthorityName of training programme with brief descriptionTime period for Training Programme I SchemeObjective of trainingPhysical and Financial Targets (Last Year)Eligibility for trainingPerquisite 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 helpContact Information for applyingApplication 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/documentsProcedure of applicationSelection ProcedureTime table of training programme (in case available)Process to inform the trainee about the training scheduleArrangement 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.

18.4With relation to training imparted to public by Public AuthorityName of training programme with brief descriptionTime period for Training Programme/SchemeObjective of trainingPhysical and Financial Targets (Last Year)Eligibility for trainingPerquisite 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 helpContact Information for applyingApplication 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 /documentsFormat of enclosures /documentsProcedure of applicationSelection procedureTime table of training programme (in case available)Process to inform the trainee about the training scheduleArrangement 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)

18.5With relation to registration process ObjectiveEligibility for registrationPre-requisites (if any)Contact information for applyingApplication 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/documentsFormat of enclosures/documentsProcedure of applicationProcess 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 DepartmentGovt. 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 DepartmentGovernment Order No. 203-HE of 2009, dated 16.09.2009Reference: Circular No 25-GAD of 2009 dated 5.06.2009 issued by the GAD, Civil Section-Higher Education DepartmentIn 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 OfficersExcise 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 31.07.2009In 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 TollPosts.
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.

Further in pursuance of Section 16(1) of the Right to Information Act, 2009:

1. The Excise Commissioner, J&K shall be the 1st Appellate Authority in respect of following Public Information Officers: -

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 CommissionSRO 325, dated 19.10.2009, General Administration DepartmentIn 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 CommissionerSRO 334, dated 22.10.2009, General Administration DepartmentIn 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 CommissionerSRO 57, dated 11.02.2011, General Administration DepartmentIn 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, 2009Circular No. 10-GAD of 2011, dated 25.02.2011, General Administration DepartmentSubject: - 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 CommissionOrder 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

Right to Information Act, 2009 Role of PI0s/1st AA in implementation of the RTI Act 2009Press Release dated 7.04.2011, JammuThe State Information Commission organized a meeting of Public Information Officers (PIOs) and Ist. Appellate Authorities of Jammu and Samba districts in Abhinav Theatre Jammu today. The meeting being first of its kind held in Jammu focused on the role of PIOs/Ist AA in the implementation of the RTI Act 2009.Speaking on the occasion, the first State Chief Information Commissioner Shri G.R. Sufi urged the PI0s/First AA to fully familiarize themselves with the RTI Act particularly the relevant Sections of the Act which have a direct bearing on their role as PIOs/AAs. Appreciating the sensitive obligations set out for them under the Act , the CIC said that the PIOs/AA are the pillars of the RTI act and they are expected to make it a success to contribute in bringing transparency in the working of the public authorities and in the society as whole.The CIC said that no-doubt we are in early stage of implementation of the Act, there is no option other than to implement it by putting in our sincere efforts. He appealed to the bureaucracy and public authorities to implement the Act in letter and spirit so that wishes of the law makers who represent the people are fulfilled.The CIC reiterated that the Act gives a power to the people residing in the State to seek information from PIOs of Public Authorities and this right of the people has to be respected. Sharing his first hand experiences over a month since his assuming office as CIC of the State, Shri Sufi expressed his disappointment that the PIOs and the Ist. AAs in many cases do not appear to have imbibed the nuances of acting as statutory functionaries in matters relating to disposal of RTI applications or the RTI first appeals. Emphasizing the pivotal role the PIOs have to play in the implementation of the Act, the CIC made it clear that the PIO derives power directly from the Act to dispose of the RTI applications independently. It is the PIO who becomes a principle stakeholder in the scheme of transparency law.He imparted this fact to the PIOs that they have to pass a proper order while disposing the RTI application whether giving information or rejecting the request with reasons. He stressed that 30 days is outer time for giving the information and the Inns must bear this in mind that the Act expressly says that information be given as expeditiously as possible and within 48 hours where information sought concerns life and liberty of a resident.The PIOs were told that they should indicate their name/designation in their order while disposing the RTI application apart from mentioning their initials as PIO. They were also advised to mention in the orders passed by them, particulars and address of the Ist. AA who is always senior in rank to PIO in the department to facilitate the information seeker to appeal before that appellate authority, if he is not satisfied with the reply/information provided by the PIO also informing the applicant that he can prefer his appeal within 30 days or as the case may be.Showing his concern about the restrictive method of designating the PIOs by some public authorities, the CIC observed that the Act has an enabling provision to designate as many officers as PIOs in a department/organization as may be required to promptly deal with RTI applications at different levels. The requirement is that information seeker can have easy access to PIOs and the information needed by him. Informing the participants that the Act is quite emphatic about ensuring greater dissemination of information designating adequate number of PIOs at different levels in the administrative/organizational set up will only facilitate this objective of the Act and lead to expeditious disposal of RTI applications without concentrating the workload in a single hand.The PIOs were advised to act promptly with respect to such applications where information sought for or part thereof is under the control of other public authority and forward such application to the concerned PIO/Public authority for necessary action, with an intimation given to the applicant.During the interactive session, the CIC replied a number queries raised by PIOs and tried to remove doubts which otherwise handicapped the PIOs in the disposal of applications. He, however, expressed shock on hearing from some of PIOs that they have not obtained the copy of the Act and send the message loud and clear that it is bounden duty of the PIOs to go through the Act since they have to pass orders in keeping with the provisions of the Act. He appealed to the Public authorities to get copies of the Act from the Government Press or download it from the GAD's website(www.jkgad.nic.in) or J&K State Information Commission webs-ite(www.jksic.nic.in). He also requested the participants that back home they should endeavour to have website of their respective departments/organizations and highlight therein mandatory information about their departments/organisations required to be prepared under section 4 of the Act as a part of "voluntary disclosure".The CIC highlighting the functions of the Commission which has powers to receive and dispose of the complaints/2nd appeals, made it clear that penal actions as per provisions of the Act shall visit the defaulters who do not give response or fail to provide information or provide false information to the information seeker.Earlier the Deputy Commissioner Jammu Shri Sanjeev Verma, IAS welcomed the CIC in the meeting held in Jammu and gave an impressive introductory about the CIC. He also welcomed and appreciated the PIOs and first appellate authorities of Districts of Jammu and Samba as well as from the Divisional Level Offices of Jammu who attended the meeting.Right to Information Act, 2009 Notifying locations for the office(s) of the J&K State Information CommissionSRO 132, dated 18.04.2011, General Administration DepartmentIn exercise of the powers conferred by Sub Section (7) of Section 12 of the Right to Information Act, 2009 (Act. No. 8 of 2009), the Government hereby notifies the following locations for the office(s) of the J&K State Information Commission:-

1.	Central Office (Headquarter)	Move office
		(May-Oct. Srinagar)
		Nov-April, Jammu)
2.	Divisional Office,	Kashmir Srinagar
3.	Divisional Office,	Jammu Jammu

Right to Information Act, 2009 Disclosures under section 4Section 4(1)(b)(i) Jammu & Kashmir State Information CommissionThe particulars of its organization, functions and duties:The offices of the State Information Commission are located at Srinagar and Jammu:

1	Addresses of Office Premises:	State Information Commission(1) Old Assembly ComplexSrinagar, KashmirPhone— 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:
(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.

Functions & Duties:-The State Government in pursuance of section 12(1) of the J&K State Information Act 2009, constituted the J&K State Information Commission by issuing notification under SRO 325 dated 19.10.2009, to exercise powers conferred on, and to perform the functions assigned to it under Chapter IV of the J&K RTI Act 2009.Parent Government Department:The budget for the Commission is published in the budget book pertaining to General Administration Department J&K Govt.Reporting to which authority:Though the budget for the Commission is published in the budget book pertaining to General Administration Department J&K Govt., the Commission enjoys complete autonomy and submits its annual report as envisaged in the J&K Right to Information Act, 2009 to both the Houses of State Legislature.Jurisdiction:All public authorities falling within the definition given in Clause (f) of Section 2 of the J&K RTI Act 2009 which are expected to implement the J&K Right to Information Act, 2009.Mission:Ensure the citizens their Right to secure access to information under the control of public authorities in accordance with provisions of the J&K Right to Information Act, 2009.Vision:Transparent functioning and accountability of public authorities with an objective of ushering in good governance.Objectives:Fulfilling the mandate assigned in the J&K RTI Act, 2009.Details of Services provided/duties:As per the RTI Act, 2009 the Commission has been assigned the task of receiving complaints and appeals for providing suitable relief to the appellants in accordance with the provisions of the J&K RTI Act 2009.Physical Assets:Office buildings provided by the State Government in Old Assembly Complex Srinagar and Wazarat Road near DC office Jammu.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 affairsof the State Information Commission. Disposal ofcomplaints/appeals pertaining to deptts/organizations formingpart of Darbar-move.
2.	State Information Commissioner (IC) (Two)	To assist the CIC. Each State Information Commissioner hasbeen allocated Departments/Organizations falling within theirrespective allotted region of Kashmir/Jammu, for receiving anddisposal of appeals and complaints under the provisions of J&KRTI Act 2009. Also such cases of appeals/complaints pertaining tomoving deptts/orgns., as may be specifically assigned by CIC fromtime to time.
3.	Secretary	Overall supervision of administrative work, also functioningas CEO & Registrar General of the CoMmission. Periodical(weekly) meetings of the Commission and preparation of minutesthereof.
4.	Registrar	Monitoring the work of the Registry and Legal section in C1Coffice and those of Jt. Registrars of ICs, besides any other workdelegated/assigned by CIC as per J&K RTI Act 2009.
5.	Joint Registrar	Supervision/Monitoring of the work of Registry and LegalSection in IC offices (K/J) and RTI matters falling under thejurisdiction of their respective ICs.
6.	Deputy Secretary	RTI matters in the jurisdiction of CIC, assist Secretary inmatters of administration, monitoring of all the disciplinarycases recommended by the Commission, monitoring of website of theCommission, In charge of all the data which is generated andmaintained 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 ICsoffices.
8.	Private Secretaries to CIC, IC's	Secretarial Assistance including diary, dispatch and any otherwork assigned in routine course.
9.	Accounts Officer/FA	To examine all the proposals of the Commission havingfinancial implications for obtaining the approvals as per thepowers delegated by the CIC/Secretary. Incharge of protocol work,procurement, stores etc.
10.	Section Officer	To assist Dy. Secretary in the discharge of hisduties/functions and perform all other functions as SectionOfficer in CIC office.
11.	Computer System Administrator (Proposed Creation)	To maintain the website and manage its updates and uploadingof all information on daily basis. To assist in all the ITrelated tasks of the commissions.
12.	Legal Asstts. (proposed creation)	To assist Registrar, Jt. Registrar, Dy./Asstt Registrar inmatters of Registry, legal work as these relate to complaint/2ndappeal 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 ofCommission Orders). Stage 2: Further Inquiry or Hearing as perthe 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 theIC for further orders. Stage 2 and 3: As per the directions ofIC'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 issuenotice to PIO for preliminary hearing. Stage 2 and 3: As per thedirections of CIC & IC's
3.	Updating of Section 4(1)(b) disclosure	Stage 1: Finalization & preparation of the contentmaterial 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 statutoryinformation for the financial year ending in March by April 15thas prescribed in Section 22 of the RTI Act for submitting it as apart of the Commission annual report, which will be placed,before both houses of State Legislature.	Secretary of the Concerned Administrative Deptt. to becoordinated 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/voucheretc.	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 RTImatters.	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	0194-24842670194-2484268	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	94191029319419007161
Section Officer	0194-2484269	-	-
Computer System Administrator	-	0191-2520947	9419132989
Head Assistant	0194-2484269	0191-2520947	9419067221

A List of posts filled is as under.

S. No.	Designation	Names	Name of the Cadre/Department/Corp. from which theofficer/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

Right to Information Act, 2009 Frequently Asked Questions

1. When the Right to information came into force?

The Jammu and Kashmir Right to Information Act, 2009 came into force with effect from 20th of March 2009. The Rules under the Act were framed vide SRO 196 which was issued on 20th of July 2009.

2. Who can claim the Right of Information?

Every person who is residing within the state of J&K has a right to seek information under Section 3 of I & K Right to Information Act, 2009.

3. What does information mean?

The information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority.

4. What does Right to Information mean?

The right to information is the right to seek the information under J and K Right to Information Act, 2009.

5. What are the obligations of public Authority?

The obligations of the public authorities is to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information, publish rules, regulations, instructions, manuals and records, details of subsidiary programmes run by it and list of beneficiaries of such programmes, names, designations and other particulars of the Public Information Officers and disseminate all information that pertains to general public good.

6. What information is excluded from disclosure?

The information which falls within the exemptions provided under Section' 8 and Section 9 is not open to disclosure. The exempted information is broadly the one that 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 Cause violation of intellectual property rights etc.

7. Is the partial disclosure allowed?

If the information claimed contains some part which is exempted from disclosure under section 8. In such a situation the exempted part of information is to be separated from the rest of the information. Thereafter, the non exempted part is disclosed.

8. What does a "Public Authority" means?

The public authority means any authority or body or institution of self government established under law or financed directly or indirectly by the government.

9. Who are third parties?

The Third Party as defined under Section 2 Clause (L) means a person other than the Citizen making a request for information and includes a Public Authority.

10. Who are Public Information Officers?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.

11. What are the duties of PIO's?

The request for information has to be made to the Public Information Officer (PIO) or Assistant Public Information Officer (APIO). Where a decision is made to provide information then PIO or APIO h as to inform the applicant to deposit further fee representing the cost of providing information.In case the decision is made to withhold the information requested for, then , PIO is required to inform the applicant about the same with the particulars of 1st Appellate authority and the time limit for making such appeal if , he chooses so, to such authority.

12. What is the application procedure for requesting information?

The request for information has to be made to the Public Information Officer or Assistant in writing or through electronic means in English, Urdu or Hindi. A request for information should be accompanied by an application fee of Rupees Fifty by way of cash receipt or Indian Postal Order or Demand Draft or bankers cheque payable to the Accounts Officer of the Public Authority. The application written on non-judicial stamp paper of Rupees Fifty shall be deemed to be accompanied by the application fee.However, no such fee is to be charged from persons belonging to Below the Poverty Line (BPL).

13. What is the time limit to get information?

The Public Information is required to provide the information requested as expeditiously as possible and in any case within thirty days of the receipt of the request.

14. What is the fee?

The fee has to be charged at the following rate:

(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 courtin 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 laiddown 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 CommissionSRO 314, dated 13.10.2011, General Administration DepartmentIn 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; andThe 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 CommissionersOrder 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 Publicauthorities/departments/organizations/bodies	Allocated to:
1.	All public authorities/departments/organizations/bodies whichare moving with Darbar Move besides Rural Dev. Deptt., SocialWelfare, 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 thosedepartments allocated to CIC	Dr. S.K.Sharma, State Information Commissioner.
3.	All Non-Moving public authorities/departments/organizations/bodies of Kashmir Division includingLadakh excepting those departments allocated to CIC.	Till such time the SIC designate Shri Nazir Ahmed joins, theallocation will remain with CIC

Notwithstanding anything contained in the above allocation, the cases pertaining to University of Jammu shall be listed before the CIC and likewise those offices of Income Tax Department stationed at Srinagar and Jammu shall be listed before the respective State Information Commissioner at Srinagar and Jammu.The CIC will have concurrent jurisdiction with both the State InformationCommissioners to list/hear any case assigned to the ICs.Right to Information Act, 2009 Right of information through tablesRTI in Tabular FormRight to Information ---- Through TablesTable No - 1Table No - 2Table No - 3Table No - 4Table No - 5Table No - 6Table No - 7Table No - 8Table No - 9Table No - 10Table No - 11Right to Information Act, 2009 - Check List

1.	Fee	Cost of copying plus a fee of Rs. 50 generally. BPL citizensare exempted from fee.
2.	Exemptions	No of exemptions increased to 11 clauses only, 20 years oldinformation also has 3 restriction. Class exemptions areprovided.
3.	Time Limit	Thirty days for granting refusal.
4.	Urgent Request	Information regarding rise and liberty has to be given within48 hours.
5.	Suo MotoDisclosure	Public Authority has no obligation to disclose. Section 4(clause(2))
6.	Appeals	Appeals is provided to Appellate Authority and thereafter toInformation commission.
7.	Private Bodies	Private bodies are left out of purview.
8.	Means of Communication	Disclosure in websites, printing of modules, workbooks, etc tomade 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 fordelay, unjustified denial, etc., and departmental action isrecommended (Imprisonment provisions removed.)
12.	Regulatory Body	Information Commission is created as a Regulatory at Centerand State levels, with independent powers.

Right to Information Act, 2009 Criminal Investigation Department (CID) as an organization of the State for section 21SRO 86 of 2012, dated 12.03.2012, General Administration DepartmentIn exercise of the powers conferred by section 21 of the Jammu and Kashmir Right to Information Act, 2009 (Act No. VIII of 2009), the Government hereby specifies the Criminal Investigation Department (CID) as an organization of the State for purposes of the said section.Right to Information Act, 2009 Officers/ officials of the ESI wing of the Labour Department as the Ist. Appellate Authority, Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) designatedOffice Order No 105-LC of 2012, dated 21.12.2012, Labour Commissioner DepartmentUnder section 5 (1&2) and section 16(1) of the RTI Act 2009 and in continuation to this order No:- 45(A)LC of 2012 dated 27.17.2012, sanction is hereby accorded to designating following officers/officials of the ESI wing of the Labour Department as the Ist. Appellate Authority, Public Information Officers (PIOs) and Assistant Public Information Officers (APIOs) respectively:-

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&KRehari Nalla Jammu/Batmaloo Srinagar.-do-	9419182638
2.	1. Dr. Vandana Bakshi IMO, PIO for ESI Dispensary Bakshi Nagar2. Sh. Karnail Singh, Sr. Pharmacist, APIO for ESI Disp.Bakshi Nagar	ESI Dispensary Bakshi Nagar opp. Ambedkar Hall ReshamgharColony, Jammu.-do-	94191394049697231650
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-	94191168349419392238
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-	94192100199796018455
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-	94192174687298203273
6.	1. Dr. Zahoor Ahmed Malik, IMO, PIO for ESI DispensaryRangreth, Kmr.2. Sh Nissar Ahmed Mir, Sr. Asstt. APIO for the dispensary	ESI Dispensary Rangreth, SIDCO Ind. Complex, Rangreth, Kmr.-do-	94190113719622762910
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-	94190113719622772000
8.	1. Dr. Mudassir Sultana, IMO, PIO for ESI Disp. Bam Khan,Srinagar.2. Sh .Ab. Rashid Maqdoomi, Sr. Pharmacist, APIO for thedispensary	ESI Dispensary Barn Khan, Ind. Estate BAM Khan Srinagar.-do-	94190011599622772000
9.	1. Dr. Yasmeen lqbal, IMO, PIO for ESI Disp. Zainakote.2. Sh. Nazir Ahmed Bhat, Sr. Pharmacist, APIO for thedispensary	ESI Dispensary Zainakote, SICOP Building Near HMT crossing,Zainakote, Sgr.	94194093049469789211

All the Offices shall display the particulars including Mobile Numbers of the first appellate authority, PIOs and APIOs at a prominent place in their office premises for information and facility of the general public.

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