Third Party Audit of suo-motu disclosures under Section 4 of the RTI Act, 2005

Clarifications on Third Party Audit of suo-motu disclosures under Section 4 of the RTI Act, 2005: DOPT OM dated 07.09.2021

F.No.10/1/2021-IR II
Government of India
Ministry of Personnel, Pension & Grievances
Department of Personnel and Training
IR Division

North Block, New Delhi
Dated: 7th September, 2021

To

Sh. Ravinder Singh
Joint Director, DUS
Delhi Judicial Academy, High Court of Delhi
Sector-14, Dwarka, New Delhi-110078

Subject: Third Party Audit of suo-motu disclosures under Section 4 of the RTI Act, 2005-Clarifications reg.

Sir,
I am directed to refer to your Letter No.7883 dated 06.08.2021 (received in this Division on 17.08.2021) seeking clarifications on how the Delhi Judicial Academy (DJA) being a training institute under the administrative and financial control of the Hon’ble High Court of Delhi, get its proactive disclosures package audited by Third Party under Section 4 of the RT! Act, 2005 and to say that the issue has been examined in this Department in the light of the Guidelines issued by this Department vide OM No.1/6/2011-IR dated 07.11.2019 towards Suo Motu Disclosure under section 4 of RTI Act 2005.

2. The Guidelines as contained in Para 4.4 of the above referred OM dated 07.11.2019 as regards the third party audit state that each Ministry/ Public Authority should get its proactive disclosure package audited by third party every year. The audit should cover compliance with the proactive disclosure guidelines as well as adequacy of the items included in the package. The audit should examine whether there are any other types of information which could be proactively disclosed. Such audit should be done annually and should be communicated to the Central Information Commission annually through publication on their own websites. Further, the task of undertaking transparency audits may be given to the respective Training Institutes under each Ministry/Department/Public Authority and across the States and Union Territories. “However, in cases where no training institute exists under the Ministries/Departments/Public Authorities the task of undertaking transparency audits may be given to any Government Training Institute”. All Public Authorities should proactively disclose the names of the third party auditors on their website. For carrying out third party audit through outside consultants also, Ministries/Public Authorities should utilize their plan/non-plan funds.

3. In pursuance of the above guidelines, it is clarified that if any Training Institute, under any Ministry/Department/Public Authority, is recognized and functions as a separate Public Authority in terms of provisions of RTI Act, 2005, it may get third party audit of its proactive disclosure package done by any Government Training Institute.

4. DJA is, if recognized/established as a Public Authority in terms of provisions of RTI Act, 2005, accordingly advised to get its proactive disclosure package audited by any Government Training Institute, in case no other Training Institute exists under the administrative control of the Hon’ble High Court of Delhi to follow the guidelines issued by DoPT in letter and spirit.

Yours faithfully,

(Pawan Kumar)
Under Secretary to the Govt. of India
Tel: 23092759

Copy to:
Secretary, Central Information Commission, CIC Bhawan, Baba Gangnath Marg Munirka, New Delhi – 110 067- for information & necessary action.

-Sd-
(Pawan Kumar)
Under Secretary to the Govt. of India

Click here to view/download the pdf