PRESENTED BY SMT. ANITA SATIA DIRECTOR , SCERT

Developed by : SMT.SHASHI KAUSHAL

SPECIAL DIRECTOR , DoE

Right to Information Act 2005

Good GovernanceTransparency/

Accountability

The real Swaraj will come not by the

acquisition of authority by a few but by the

acquisition of capacity by all to resist authority

when abused-Mahatma Gandhi

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What is Information?

Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force -Section 2(f)

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Right to Information:Key Concepts Transparency & Accountability in the working

of every public authority The right of any citizen of India to request

access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/24)

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, Media

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What is a Public Authority?

"public authority" means any authority or body or institution of self- government established or constituted—  

(a)by or under the Constitution; (b)by any other law made by Parliament;  (c)by any other law made by State Legislature;  (d)by notification issued or order made by the appropriate

Government, and includes any— (i) body owned, controlled or substantially financed;  (ii) non-Government organization substantially financed,

directly or indirectly by funds provided by the appropriate Government;

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Obligations

S 4 (1) Every public authority shall -  (a)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 computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated

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What does Right to Information mean? It includes the right to - i. inspect works, documents, records. ii. take notes, extracts or certified copies of documents

or records. iii. take certified samples of material. iv. obtain information in form of printouts, diskettes,

floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]

DEFINITATION SECTION-2

Section 2(f)- information ‘means any material in any form, including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force’

Section 4(1)(a) &(b), 17 ManualsSection-4(1)(a)= Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to 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.

Section -4(1)(b)= Publish within one hundred and twenty days from the enactment of this Act:-

i) The particulars of its organisation, functions and duties.

ii) The power and duties of its officers and employees.

iii) The procedure followed in the decision making process, including channels of supervision and accountability.

iv) The norms set by it for the discharge of its functions.

v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions.

vi) A statement of the categories of documents that are held by it or under its control.

Contd .

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.

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.

ix) A directory of its officers and employees.

x) The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations.

xi) The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made.

xii) The manner of execution of subsidy programes, including the amounts allocated and the details of beneficiaries of such programmes.

xiii) Particulars of recipients of concessions, permits or authorisations granted by it.

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Contd

xiv) Details in respect of the information, available to or held by it, reduced in an 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.

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

xvii) Such other information as may be prescribed and thereafter update these publications every year.

Transfer RTI application under Section 6(3)(ii)

The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer.

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

SECTION-7 of RTI ACT-2005

Provide the requisite information in any case within thirty(30) days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight(48) hours of the receipt of the request.

Section 7(8)(i)(ii) &(iii)Where a request has been rejected under sub-section(1), the Central Public Information Officer or State Public Information, as the case may be, shall communicate to the person making request:

i) The reasons for such rejection.

ii) The period within an appeal against such rejection may be preferred and

iii) The particulars of the appellate authority

Section -11, Third party Information 11. Third party information.—(1)

Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the

Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision

about disclosure of information:

The central Information Commission, Section-12The Central Government shall, by notification in the official Gazette, constitute a body to be known as the central information commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

1) The Central Information Commission shall consist of-

a) The Chief Information Commissioner and

b) Such number of central information commissioners, not exceeding ten, as may be deemed necessary.

2) The Chief Information Commissioner and Information commissioners shall be appointed by the President on the recommendation of a committee consisting of:-

i)The Prime Minister, who shall be the Chairperson of the committee

ii) The Leader of Opposition in the Lok Sabha and

iii) A union Cabinet Minister to be nominated by the Prime Minister.

The state Information Commission,(Section-15),

1) Every State Government shall, by notification in the official Gazette, constitute a body to be knows as ……..(name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

2) The State Information Commission shall consist of –

a) The state Chief Information Commissioner, and

b) Such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

3) The State Chief Information Commissioner and State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of-

i) The Chief Minister , who shall be the chairperson of the committee.

ii) The leader of Opposition in the Legislative Assembly, and

iii) A cabinet Minister to be nominated by the Chief Minister.

Complaint ,Section-18(1)

Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be to receive and INQUIRE INTO A COMPLAINT FROM ANY PERSON.a) Who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information officer or State Assistant Public Information officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information officer or Senior officer specified in subsection(1) of section19 or the Central Information Commission or the state Information Commission, as the case may be:-

Cont..

b) Who has been refused access to any information requested under this Act.

c) Who has not been given a response to a request for information or access to information within the time limit specified under this Act.

d) Who has been required to pay an amount of fee which he or she considers unreasonable.

e) Who believes that he or she has been given incomplete, misleading or false information under this Act and,

f) In respect of any other matter relating to requesting or obtaining access to records under this Act.

Appeal (Section 19(1)Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section(3) of Section 7, or is aggrieved by a decision of the central Public information officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority

Cont..

An appeal under sub-Section(1) or sub Section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding to total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

SECOND APPEAL:- A second appeal against the decision under sub-section(1) shall lie within ninety(90) days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

ORGANISATION CHART OF DIRECTORATE OF EDUCATION

1)Principal Secretary of Education

2) Director of Education

3)Spl. Dir. Of Education (Fin)

Spl. Dir of Education(Act/Sectt.)

4)Addl. Dir. Of Education(Admn.)

-Addl. Dir. Of Education (School)

-Addl. Dir.Of Education (Sports)

5)State Project Director , SSA

6) Director, SCERT

7)Regional Director (North)

-Regional Director (East)

-Regional Director (South)

-Regional Director(Central/West)

8)Deputy Directors(All Districts)

State Public Information officers

Designation

Assistant Director of Education (RTI Cell)/PIO(HQ)

Jurisdiction

Matter relating to Head Quarter, Patrachar, Science Branch, Sports Branch and issues other than those covered by respective Districts and Act-I, Act-II Branch.

1

Assistant Director of Education(ACT-I Branch)/PIO(ACT-I)

Assistant Director of Education (ACT-II Branch)/PIO(ACT-II)

Matter relating to unaided recognized Private Schools.

Matter relating to Govt. aided Schools

2 1) Deputy Director of Education/Public Information officer(East)

2) DDE/PIO(North)

3)DDE/PIO(North East)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in East District.

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north District.

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north east District

34) DDE/PIO(North West-A)

5 )DDE/PIO(North West-B)

6 )DDE/PIO(South)

7 )DDE/PIO(South West-A)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north west-A District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north west-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South west-A District

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8) DDE/PIO(South West-B)

9) DDE/PIO(West-A)

10) DDE/PIO(West-B)

11 )DDE/PIO(Central/New Delhi)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South West-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in West-A District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in West-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in Central/ New Delhi District

All the Principal/Head of School are declared as Assistant Public Information Officer.

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First Appellate Authority

• Designation

1) Special Director of Education/First Appellate Authority(RTI)(HQ)

• Jurisdiction

1) All Appeals against information provided /pertaining to PIO(HQ)

2) All Appeals against Information provided/pertaining to PIO(Act-I)

3) All Appeals against Information provided/pertaining to PIO(Act-II)

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cont….• 2) Regional Director

of Education (North)

• 3) Regional Director of Education(South)

• All Appeals against Information provided/pertaining to PIO(North West-A) &(North West-B)

• All Appeals against Information provided/pertaining to PIO(South)& (South West A&B)

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Cont…• 4) Regional Director of

Education (East)

• 5) Regional Director of Education(West)

• 6) Regional Director of Education(Central/ND)

• All Appeals against Information provided/pertaining to PIO(East) & (North East)

• All Appeals against Information provided/pertaining to PIO( West-A&B)

• All Appeals against Information provided/pertaining to PIO(Central/ND)&North District

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The RTI Act 2005 - Processes

Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO).

Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub-district levels to receive applications/appeals/ complaints. Forward to appropriate PIO. These will be existing officers.

Information to be provided within 30 days; 48 hours where life or liberty is involved; 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies under Schedule II.

No action on application for 30 days is a deemed refusal-sec 7(2).

No fee for delayed response-sec 7(6)

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What is not open to disclosure?

The following is exempted from disclosure [Sec.8] information, disclosure of which would prejudicially

affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence

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;

Contd.

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What is not open to disclosure?Contd

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 GovernmentContd.

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What is not open to disclosure?Contd

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;

Notwithstanding any of these exemptions or the Official Secrets Act 1923, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests-Sec 8(2).

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RTI Act 2005-Exemptions contd. Infringes copyright, except of the state(S 9). Where practicable, part of record can be released. Intelligence and security agencies exempt (S 24)–

except cases of corruption and human rights violation Third party information to be released after giving

notice to third party Most exempt information to be released after 20 years

(with some exceptions). Provided that the information, which cannot be denied

to the Parliament or a State Legislature shall not be denied to any person.

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions (a to i), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.

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Central Information Commission:

What can I complain about? The Central Information Commission is an autonomous body set up to inquire into complaints received from citizens

You can complain that you have been refused access to information. You can also complain about how the public authority has handled your request, for instance;

+ failure to respond to your request within 30 working days (or failure to explain why an extension to the 45 days is needed)

+ failure to give you proper advice and help within the stipulated time

+ failure to give information in the form in which you asked for it

+ failure to properly explain reasons for refusing your request.

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RTI Act 2005 - Penalties

Penalties imposable by Information Commission on PIO or officer

asked to assist PIO For unreasonable delay – Rs 250 per day up to Rs

25,000 For illegitimate refusal to accept application, malafide

denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine

Recommendation for departmental action for persistent or serious violations

However, no criminal liability Immunity from legal action for action taken in good

faith (S. 21).

THANKS