RTI

RIGHT TO INFORMATION

Providing information under the Right to Information Act, 2005 and charging of fees and cost for the same:-

1.      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 has come into force on and from 12^th 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 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  Officer upon request from any citizen along with prescribed fees, within 30 days from the date of receipt of request

4.      The Central Public Information Officer, 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. CPIO will ensure that the information is provided within the prescribed time limit.

5.      It is to be noted 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 in any manner in furnishing the information. The penalty prescribed is Rs 250 per day till the information is furnished, subject to a maximum of Rs 25,000. This has to be paid by the CPIO or the person who has not so given or parted with the information, though requested by the Public Information Officer CPIO.

6.      The fees prescribed for giving information under the Right to Information Act, 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.   rupees fifty (Rs.50/-) per diskette or floppy; and

               v.   price fixed for a publication or rupees two per page of photocopy for extracts from the publication.

              vi.   so much of postal charges involved in supply of information that exceeds fifty rupees. 

             vii.   For inspection of records, the public authority shall charge no fee for the first hour. But a fee of rupees five (Rs.5/-) for each subsequent hour (or fraction thereof) shall be charged.   

            viii.   If the applicant belongs to the below poverty line (BPL) category, he is not required to pay any fee. 

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 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;

·      Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

·      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;

·      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;

·      Information received in confidence from foreign government.

·      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;

·      Information which would impede the process of investigation or apprehension or prosecution of offenders;

·      Cabinet papers including records of deliberations of the Council of Ministers, secretaries and other officers;

·      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.

·      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 matter got cleared by the ED, OISD before providing the information sought.

9.    The Appellate Authority 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 ( Updated on April 2023)

       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;
•  Interact 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;
• Carries out supervision of safety of offshore installations by means of consents, investigations, verifications and safety audits.

      ii.       The powers and duties of its officers and employees

OISD Officers and their Roles & Responsibilities

The Directors are Head of Dept. of different groups viz. Process & Engineering, Marketing, Exploration & Production and Pipelines and all the Directors report to Executive Director-OISD. Their job responsibilities include: -

• To update standards
•  To interact 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/ Joint/ Deputy 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 and reconciliation of expenditure on monthly basis

·         Concurrence of proposal as per General   Financial Rules 2017 of Government of India

·         Raising of invoice for Pre-Commissioning Audit to oil companies

·         Preparation of Budgets Estimates  for approval from Safety Council

·         Remittance of debit notes of oil companies, contractors & supplier’s bills and remittance of employees bills

    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. Acts/ Rules applicable to Oil & Gas industry, Standards as developed by OISD, GFR 2017 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. Development/ Revision of Standards involves public participation. For the same the new/ under revision Standards are webhosted for inviting views/ comments from public, professionals, and/or members of professional bodies etc.

  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

Following two councils/ committees are constituted:

Safety Council: Apex body of OISD headed by Secretary of MoP&NG as Chairman and includes as members the Chief Executives of Public Sector, Private / JVs Sector (rotational basis), Statutory bodies such as Chief Controller of Explosives, Director General of Mines Safety, Adviser (Fire), Secretary, Central Electricity Authority and Director General of Factory Advice Service and Labour Institute.

Steering Committee: It consists of members from Industry nominated by respective organizations and Functional Directors of OISD.

Minutes of Safety Council & Steering Committee meetings are available.

   ix.        Directory of its officers &employees:

   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 does not have any subsidy programme.

xiii.        particulars of recipients of concessions, permits, or authorizations granted by it

OISD 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, OISD Case Studies, Safety Alerts, PNG Rules 2008, Guidance Notes to PNG Rules 2008, training program/ workshop papers etc. 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

OISD is maintaining a website www.oisd.in. Citizens desirous of obtaining information may visit the website. OISD has also hosted on its website the particulars of Public Information Officer under Right to Information Act. However, library or reading room is not maintained for public use/ for obtaining information.

xvi.        The names, designations and other particulars of the Public Information Officers.

xvii.        Such other information as may be prescribed:

a) Information related to procurement

b)  Public-Private Partnership: Not applicable

c)  Transfer policy and transfer orders:

As all employees in OISD are on deputation from OMCs / PSUs, the transfer policy and orders are as per their respective parent organizations.

d)  RTI applications: .

e)  CAG & PAC paras : Presently nil

f)   Citizen Charter: Not applicable

g)  Discretionary and non-discretionary grants: Not applicable

h)  Foreign tours of PM/ Ministers and senior officers: Not applicable