RIGHT TO INFORMATION
Providing information under the Right to Information Act. 2005 and charging of fees and cost for the same:-
- The parliament of India has passed an enactment granting rights to all citizens to obtain information under the control of Public Authorities in order to promote transparency. The Act shall come into force on and from 12th Oct 2005 as regards the obligation to provide information. The other obligations of Public Authorities include designating Central and State Public Information Officers, Assistant Public Information Officers and Appellate Authorities.
2. ED (OISD) to guide the Public Information Officers and Appellate Authorities in all matters pertaining to the Act.
3. All information (barring certain exceptions, as clarified later in this circular) in any form, including copies of records, documents, memos, emails, opinions, advises, press releases, circulars, orders, contracts, reports, papers and data held in any electronic form will have to be provided by the Public Information Officers upon request from any citizen along with prescribed fees, within 30 days from the date of receipt of request as per the procedure adopted by Ministry of Petroleum & Natural Gas.
4.The public information officers, as aforesaid, shall receive requests for information, accept the fees / cost for providing the same, collect the information, get the information (being given ) cleared by the ED, OISD And thereafter provide the same to the applicant. If the information is directly available with the concerned Public Information Officer, he may after concurrence of ED, OISD and provide the same immediately. Public Information Officer to ensure that the information is provided within the prescribed time limit.
5.Please note that a penalty has been prescribed under the Act for; (a) refusing to receive an application for information (b) not furnishing the information within the specified time or (c) malafidely denying the request for information or (d) knowingly giving the incorrect, incomplete or misleading information or (e) destroying information which has been requested or (f) obstructing furnishing the information. The penalty prescribed is Rs 250 per day till the information is furnished, subject to a maximum of Rs 25000. This has to be paid by the concerned public information officer or the person who has not so given or parted with the information, though requested by the Public Information Officer.
6.The fees prescribed for giving information under the Right to Information (Regulation of Fee and cost) Rules, 2005 is as under:-
(a) For every request for information, a fee of Rs 10 plus
(b) The fee for providing information under sec 7(1) and 7(5) is:-
(i) Rs.2/- for each page (of A-4 or A-3 size paper) created or copied.
(ii) Actual charge / cost for copying larger size paper
(iii) Actual cost or price for samples or models
(iv) For inspection of records, no fees for the first one hour and Rs.5/- for each fifteen minutes or fraction thereof after the first one hour
(v) For information provided in Diskette or Floppy Rs.50/- per Diskette or Floppy and
(vi) For printing information at the price fixed for such publication or Rs.2/- per page for extras thereof.
(c) The fees shall be charged and received by way of
(i) cash against proper receipt or
(ii) by Demand Draft or
(iii) cheque payable to Oil Industry Safety Directorate.
7. Notwithstanding anything stated above, there shall be no obligation to give any citizen the following information:
(a) Information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategy, scientific or economic interests of State, relation with foreign state or lead to incitement of an offence;
(b) 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;
(c) Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) 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;
(e) 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;
(f) Information received in confidence from foreign government
(g) 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 for security purposes;
(h) Information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) Cabinet papers including records of deliberations of the Council of Ministers, secretaries and other officers;
(j) 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 cannot be denied to the parliament or a state legislature shall not be denied to any person.
(k) Where the disclosure would involve an infringement of copyright subsisting in a person other than the Govt. of India.
(Refer section 8 and 9 of the Right to Information Act 2005)
In short, the following information need not be disclosed;-
- Information having no relationship to any public activity or interest or which would cause unwarranted invasion of privacy of the individual.
- Information relating to trade secrets, commercial confidence or intellectual property, the disclosure of which would harm the competitive position of the third party.
- Information which would impede the process of investigation or prosecution of offenders.
- Information prohibited by a court, etc.
8. As stated earlier, consultation may be had from the members of the team constituted as aforesaid, should there be any question as to whether a particular information ought to the provided or not and the every matter got cleared by the ED, OISD before providing the information sought.
9. The Appellate Authorities shall under sec 19 receive appeals from persons aggrieved by any decision of the public information officers or who is aggrieved because of not receiving a decision in time. Appeals must be admitted if filed within thirty days from the date of receipt of decision or the expiry of the period prescribed for giving information. An appeal at a later date may be admitted if the appellate authority is satisfied that he appellant was prevented by sufficient cause form filing the appeal in time. All appeals shall be disposed of within thirty days of the date of receipt of appeal, with reasons to be recorded in writing.
10. All departments are advised to keep all records which are capable of being computerized, in computerized form so that information is readily available.
INFORMATION HANDBOOK UNDER RTI ACT, 2005
i.The particulars of its organization, functions and duties:-
The Safety Directorate has the following functions and responsibilities:-
- Oversee the implementation of all the decisions of the Safety Council.
- Keep abreast of the latest design and operating practices in the area of safety and fire fighting in the hydrocarbon processing industry in the developed countries, so as to develop standards and codes that would be suitable for the conditions in India;
- Liaise with the statutory organizations on current views and developments and help evolve a concerted effort for the industry;
- Carry out periodic safety audits, review, suggest procedures for improvements and report on the implementation of the suggestions to Safety Council;
- Collect the relevant information and exchange it with the members of the oil industry including information regarding near accidents, accidents and disasters occurring in the oil industry, and shall also organize inter-country meetings for exchange of experience;
- Carry out enquiries into accidents, whenever required, and provide support to Enquiry Committees set up by the Government;
- Ensure implementation of all approved codes of practices for industrial hygiene;
- Review practices in the storage and handling of dangerous chemicals and ensure compliance with latest standards;
- Review disaster control procedures and company preparedness;
- Review in-plant training programs with regard to safety;
- Specify critical drawing / layouts that need to be vetted by safety specialists at the design stage and carry out spot checks of design standards based on site audit finding to serve as feedback for establishing new standards at the design stage, and
- Review zoning regulations around installations and advise industry / state DICCs.
- Oversee implementation of regulations and best safety practices in offshore Exploration & Production operations
The Safety Directorate has the authority to requisition the services of senior personnel from the hydrocarbon industry, to assist it in conducting any study / safety audits/ enquiry. The Safety Directorate has the responsibility and authority to direct any hydrocarbon industry unit to implement safety measures, found necessary on a time bound program.
The following activities of the Public Sector Undertakings, Private Companies, Joint Ventures in the hydrocarbon industry come under the jurisdiction of the Safety Directorate:-
- All Exploration and Production operations in onshore and offshore.
- All refinery operations.
- Pipeline operations in the storage, transportation, distribution and marketing of crude oil and petroleum products.
- Processing of hydrocarbons for the production of bulk petro chemicals in the large scale sector.
ii. The powers and duties of its officers and employees
OISD Officers and their Roles & Responsibilities
The Directors are Head of Deptt. of different groups viz. Process, Marketing, Exploration & Production, Engineering & Pipelines and Environment and all the directors are reporting to Executive Director-OISD. Their job responsibilities include:-
- To develop & update standards and codes.
- Liaison with Statutory Organizations
- Safety Audits and monitoring of recommendations
- To carry out investigation into incidents / accidents, whenever required and provide support to Enquiry Committee set up by the Government.
- Coordinate with internal groups of OISD.
- To organize Training Programs / Workshops as an experience sharing platform.
Technical Officers as Additional Director, Joint Directors in different groups are reporting to Directors and their responsibilities include:-
- To provide technical input for standard development
- Safety audits and monitoring of recommendations
- To carry out investigation into incidents / accidents, whenever required and provide support to Enquiry Committee set up by the Government.
- Evaluation of safety awards and putting up for approval from Chairman, Safety Council through Safety Awards Committee.
- To organize Training Programs / Workshops.
- Replying to Industry / Ministry queries.
Administration and Finance Section
- Managing of funds from OIDB reconciliation of expenditure on monthly basis
- Concurrence :Estimates, NIT, Work Order / Purchase Order
- Raising of debit notes for Pre-Commissioning Audit to oil companies
- Preparation of Budgets Estimate & RBE for approval from Safety Council
- Remittance of debit notes of oil companies, contractors & suppliers bills & remittance of employees bills
- Administrative support in regular functioning of OISD, workshops & seminars, Meetings etc.
iii. The procedure followed in the decision making process, including channels of supervision and accountability
The process of decision making, supervision and accountability is in line with duties, functions and the reporting channel.
iv. The norms set by it for the discharge of its functions
As per the code of conduct rules of respective oil companies of the officers & staff.
v. The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
Various govt. rules applicable to Oil & Gas industry, Standards as developed by OISD and minutes of safety council & steering committee meetings
vi. A statement of the categories of documents that are held by it or under its control.
All the above documents are available at OISD
vii. The 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
All policy matters are decided by Safety Council or Ministry.
viii. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public
Minutes of Safety Council, Steering Committee and Functional Committee meetings are available. The accessibility of information is decided by Public Information Officer in consultation with Appellate Authorities.
ix. Directory of its officers Please see Contact us section on website.
x. The monthly remuneration received by each of its officers and employees,including the system of compensation as provided in its regulations
OISD does not have its own cadre and the manpower is drawn from various PSU oil companies on deputation. Therefore , salary administration is regulated through respective PSU.
xi. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
OISD has only one office located in New Delhi and the funds for its running are provided by OIDB.
xii. The manner of execution of subsidy programs, including the amounts allocated and the details of beneficiaries of such programs.
OISD have no such programme.
xiii. particulars of recipients of concessions, permits, or authorizations granted by it
OISD is a self regulating industry agency. It does not grant any concessions, permits or authorization for onland oil & Gas industry activities. For offshore oil & Gas activities OISD being the competent authority to ensure implementation of Petroleum & Natural Gas ( Safety in Offshore Operations) Rules 2008, it accords consent for operations in offshore.
xiv. Details in respect of information, available to or held by it reduced in an electronic form
Most of the information i.e. OISD standards, training program / workshop papers has been reduced to electronic form.
xv. the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use
No such facility for public use is available in OISD. However, information can be obtained from designated Public Information Officers.