CENTRAL INFORMATION COMMISSION

Club Building (Near Post Office)

Old JNU Campus, New Delhi - 110067

Tel: +91-11-26161796

Decision No. CIC/SG/C/2011/001058/15281

Complaint No. CIC/SG/C/2011/001058

Complainant : Ms. Anjali Bhardwaj B-76, (Garage), SFS Flats,

Sheikh Sarai Phase-I,

New Delhi - 110017

Respondent (1) : Director-in-Chief DEMS,

Municipal Corporation of Delhi,

Ambedkar Stadium, Delhi Gate,

Delhi--110 002

(2) : The Engineer - in- Chief,

Engineering Department,

Municipal Corporation of Delhi,

Civic Centre, Minto Road,

New Delhi-- 110 002

(3) : Chief Executive Officer

Delhi Urban Shelter Improvement Board

DUSIB( Govt. of NCT Delhi)

Punarwas Bhawan, ITO,

New Delhi

Complaint filed on : 07.09.2011 Hearing Notice Issued on : 28.09.2011 Date of Hearing : 21.10.2011

Facts arising from the Complaint:

The Complainant has filed the present Complaint under Section 18 of the RTI Act (hereinafter 'the Act'), with the Commission, contending that the following categories of documents including the manuals mandated under Section 4 (1) (b) of the Act 2005, should be available in hard copy as well as on the website of the department. It is further contended that these documents/details should be available suo moto:

The following information should be painted on the wall of the toilets and made available on a board outside the public toilet in Hindi:

1. Charges for using the toilet for different categories: a. Men

b. Women

e. Children below 12 years

d. Whole Family

2. Timings for the opening and closing of the toilet.

3. Schedule for cleaning of the toilet and annual schedule for repair and painting of the toilet.

4. Contact details (including mobile number) of the agency responsible for operation and maintenance of the toilet.

Page 1 of 3

5. Name and contact details of the caretaker of the toilet

6. Facilities available for users in the toilet complex.

7. Name, designation and contact of the authority for redressal of grievances/lodging complaints related to the functioning of the public toilet.

8. List of records maintained by the caretaker of the public toilet such as the cleaning register, user register, complaints register, inspection register etc.

9. Copy of the MoU/agreement

Additionally, all the records maintained by the caretaker of the public toilet such as the cleaning/maintenance register, user register, complaints register, inspection register etc. should be available for inspection on demand, by any person/user. These should also be made available at a predetermined time and place every week for public audit wherein anyone can inspect/audit the records.

Relevant Facts emerging during the hearing:

The following were present:

Complainant: Ms. Anjali Bhardwaj;

Respondent (1): Mr. Sunil Kumar, PIO & SE-III, DEMS office of Director-in-Chief; Respondent (2): Mr. S. L. Meena, SW (Central Zone) office of Engineer-in-Chief; The complainant pointed out that public toilets should have information whereby the users would be able to identify the facilities available and the charges if need to be paid any. The respondents informed the Commission that MCD has given concession in four zone i.e. Nazafgarh, Karol Bagh, West Zone and South Zone where private parties are maintaining the toilets and charging fees as per the MoU. Presently in the other eight zones the toilets are being maintained by MCD (Engineering Department) and no uses charges are being levied. The Respondents also informed the Commission that about 150 toilets in slum areas are being maintained by Delhi Urban Shelter Improvement Board (DUSIB). After the discussions it was agreed that the following information must be painted on the Walls/Boards on the public toilets (prominently):

1. Charges for using the toilet for different categories.

2. Timings for the opening and closing of the toilet.

3. Contact details (including mobile number) of the agency responsible for operation and maintenance of the toilet.

4. Name and contact details of the caretaker of the toilet.

5. Facilities available for users in the toilet complex.

6. Name, designation and contact of the authority for redressal of grievances/lodging complaints related to the functioning of the public toilet.

7. Availability of complaint register.

8. Copy of the MoU/agreement on the website.

Section 4 (1) (a) of the Right to Information Act, 2005, which is a mandatory obligation, reads as - "maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated". The Commission appreciates that the Department has made improvements and is moving towards better transparency.

The Right to Information is a fundamental right of the citizens which has been codified by the RTI act, No. 22 of 2005. The act envisions that all citizens shall receive information primarily by suo moto disclosures by various public authorities as prescribed by section (4) of the act. Disclosures in accordance with the said Section are crucial to ensure transparency and accountability in institutions. This would reduce the load of RTI Applications being filed with each institution as information would be freely available to citizens and they would not have to apply for it. It further envisages that citizens would be required to specifically ask for information

Page 2 of 3

under section (6) only in a few cases. Citizens have been demanding that certain information is essential to them and should be available proactively in form of public notice boards, display boards etc.

Decision:

The Complaint is allowed.

The Commission directs Director-in-Chief DEMS for the Four Zones privatized by MCD, Engineer-in-Chief MCD for the remaining eight zones being maintained by MCD and Chief Executive Officer DUSIB for the Public Toilets under their jurisdiction to ensure that all public toilets have the information described above on their walls/boards in Hindi Language before 30 December 2011. These directions are being given by the Commission under its powers under Section 19(8)(a)(iii) of the RTI Act. It is also in conformance with the requirements of Section 4(1)(b)(xvii).

They are also directed to send a consolidated report of compliance of the above directions is sent to the Commission by 10th January 2012. The report may be sent to rtimonitoring@gmail.com, with a copy to the Complainant. This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi

Information Commissioner

21 October 2011

(In any correspondence on this decision, mention the complete decision number.) (RM)

Page 3 of 3