Right to information act

Right to Information Act

Right to Information Act

Transparency, Accountability, & Better Governance

Submitted By-Kirit Kene

C:\Users\AsuS\Desktop\download.jpgSubmitted to-Prof.Y.A.LAD

TheRight to Information Act(RTI) is an Act of theParliament of India to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002.

RTI applies to all States and Union Territories of India exceptJammu & Kashmir.

Any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days.

The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.

Introduction

Intro. Conti..

This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005.

It is an initiative taken byDepartment of Personnel and Training,Ministry of Personnel, Public Grievances and Pensionsto provide aRTIPortalGateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc.

Right to Information Act 2005mandates timely response to citizen requests for government information. It is an initiative taken byDepartment of Personnel and Training,Ministry of Personnel, Public Grievances and Pensions

Scope of RTI

The Act covers the whole of India except Jammu and Kashmir, whereJ&K Right to Information Actis in force.

It is not to all constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature.

In this Act that bodies or authorities established or constituted by order or notification of appropriate govt. including bodies "owned, controlled or substantially financed" by govt., or non-govt. organisations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act.

Preamble of RTI Act

..............to promote transparency and accountability in the working of every public authority.

.............. to contain corruption and to hold Governments and their instrumentalities accountable to the governed.

What is Information ?

Information means any material in any form including:

What does Record mean?

Any document

File

Any material produced by a computer or any other device.

Sec. 2 ( i )

Exclusions

Certain info cannot be given if :-

It affects the sovereignty and integrity of India Sec 8 (1) (a).

It has been expressly forbidden to be published by any Court of law Sec. 8 (1) (b).

It causes breach of privilege of the Parliament or State Legislature Sec. 8 (1) (c).

Exclusions (Cont)

Info is held in commercial confidence, trade secrets or intellectual property. Sec. 8 (1) (d).

If info is held in fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such info. Sec. 8 (1) (e).

If info is received in confidence from foreign Govt. Sec. 8 (1) (f).

Exclusions (Cont)

If the info endangers the life or physical safety of any person. Sec. 8 (1) (g).

If it impedes the process the investigation or apprehension or prosecution of offenders. Sec. 8 (1) (h).

Cabinet papers including records of deliberations of the council of Ministers, Secretaries and other officers till decisions on it are taken.. Sec. 8 (1) (i).

Exclusions (Cont)

Personal info, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual unless larger public interest justifies the disclosure of such info. . Sec. 8 (1) (j).

Only info which can be denied to the Parliament or Legislature.. Sec. 8 (1) (k).

Important

Info should be given in the public interest if it outweighs the harm to the protected interests or anything contained in the Official Secrets Act or contained in any of the exemptions of Sec. 8 (1) of RTI Act 2005.

Sec. 8 (2).

Info should be provided on any event or matter which has taken place 20 years before the date of RTI Application.

Sec. 8 (3)

Exclusions (Cont)

If it infringes copyright. Sec. 9

Reasonable severance of information which is exempt from disclosure. Sec. 10 (1) and Sec .10(2)

Third party information e.g. Tax returns (unless public interest outweighs interest of the third party ) Sec. 11 (1)

RTI Application / Appeal
system

Step 1 :-

Every Govt. Department has appointed one Public Information Officer (PIO) and a higher officer called First Appellate Authority.

The RTI Application should be addressed to the PIO of that concerned Dept. to which the info relates. The PIO is appointed to provided info on RTI Applications.

The PIO is supposed to provide info within 30 days of the receipt of the RTI Application.

RTI Application / Appeal system (Cont)

Step 2 :-

When the applicant is not satisfied with the info provided or when info has been denied in part or whole, then the First Appeal need to be filed. It has to be addressed to The First Appellate Authority of that concerned Dept. to which the info relates.

The First Appeal should be filed within 30 days from the date when info has been received or should have been received.

The First Appellate Authority (FAA) may call the Appellant and the PIO for a hearing. The FAA should direct the PIO to provide ASAP and / or provide a written Order within 30 days of receipt of the First Appeal.

RTI Application / Appeal system (Cont)

Step 3 :-

If the Appellant is not satisfied with the info then provided or denied, then he may file a Second Appeal with the Chief Info. Commissioner within the 90 days from the date when info has been received or should have been received.

If still satisfactory response is not received by the appellant, he may approach the High Court in writ petition.

Examples of State Govt. Depts.

Municipal Corporation / Municipal Council

Collector

Police Dept.

Departments existing in Mantralaya

Depts. controlled / formed by the State Govt. etc.

Examples of Central Govt. Depts.

Railways

Airlines (Government run) / Airports etc.

Passport Offices

Banks (Private and Public)

Departments controlled / formed by the Central Govt. etc.

Agencies excluded from RTI Act

Intelligence Bureau

RAW

DRI

Central Economic Intelligence Bureau

Directorate of Enforcement

Narcotics Control Bureau

Aviation Research Centre

Special Frontier Force

BSF

CRPF

ITBP

CISF

NSG

Assam Rifles

Special Service Bureau

CID (Special Branch) Andaman Nicobar

Crime Branch Dadra & Nagar Haveli

Sp. Branch Lakshadweep Police.

Exemption clause in detail

National security

Trade secrete/IPR/copy right

Privacy

Foreign relation

Danger to life & physical safety

Impede the investigation

Cabinet papers

Public interest v/s protected interests

RTI Applications / Appeals
for State Govt. Depts.

Fill the RTI Application Form (i.e. Annexure A) and affix Rs. 10 Court Fee Stamp.

Take a xerox of the filled Application Form and either hand deliver it or send it by Copy Letter system of a Courier Co. so that you get a stamped and signed acknowledgement of the same.

For filing First Appeal, fill the first Appeal Form (i.e. Annexure B), then affix Rs. 20 Court Fee Stamp and then follow the same procedure as in point no. 2 above.

Avoid sending the Application / Appeal by ordinary post as far as possible.

RTI Applications / Appeals
for State Govt. Depts.

Info / First appeal Order should be received by the appellant within 30 days of filing of First Appeal.

If info received is unsatisfactory or info is denied then Second Appeal (Annexure C) can be filed to the State Information Commissioner within 90 days.

Charges and other procedure for filing Second Appeal remains the same as for First Appeal.

RTI Applications / Appeals for
Central Govt. Depts.

Fill the RTI Application Form (i.e. Annexure A). Either enclose a money order or DD or Pay Order or IPO of Rs. 10 along with the application.

Take a Xerox of the filled Application Form and either hand deliver it or send it by Copy Letter system of a Courier Co. so that you get a stamped and signed acknowledgement of the same.

For filing First Appeal, fill the first Appeal Form (i.e. Annexure B).

There is no charge for filing the First and Second Appeal. Other procedures remain the same.

RTI Applications / Appeals for
Central Govt. Depts. (Cont)

Avoid sending the Application / Appeal by ordinary post as far as possible.

Info / First appeal Order should be received by the appellant within 30 days of filing of First Appeal.

If info received is unsatisfactory or info is denied then Second Appeal (Annexure C) can be filed to the Central Information Commissioner within 90 days.

Penalty, Denial & Compensation under RTI Act

PIO can be penalized by CIC/SIC only u/s 20 of the RTI Act i.e. @ Rs. 250 per day of delay or malafide denial of information. Up to a Maximum limit of Rs. 25000/-. [Note: FAA has no jurisdiction to impose Penalty].

Section 19(8) gives power to CIC/SIC to grant compensation to the appellant.

Repeated and mala fide denial of information by a PIO can result in a negative remark in his / her Annual Confidential Report (ACR).

RTI Application Form (Annexure A)

To,Public Information Officer,__ DepartmentAddress.

Full name of the applicant : .

Address :

Subject matter of information :--

The period to which the information relates : From __ till __.

Description of the information required :

Whether information is required by post or in person : By Post.

In case by post (Ordinary, Registered or Speed) : By Registered Post.

Whether the applicant is below poverty line : No

RTI First Appeal Form (Annexure B)

To,The First Appellate Authority,__ DepartmentAddress.Full name of the appellant :

Address :

Particulars of the State / Central Public Information Officer :

Date of receipt of order appealed against (if order passed) :

Last date for filing the appeal :

The grounds for appeal :

Particulars of information :

Nature and subject matter of the information required :

Name of the Office or Department to which the information relates:

Encl :--Copy of my RTI Application dated _________________.

Reply recd. from the PIO, dtd ______________, recd. by me on date___ .

RTI Second Appeal Form (Annexure C)

To :-The Chief Information Commissioner,Address

Full name and Address of the Appellant :-

Particulars of State / Central Public Information Officer :-

Particulars of First Appellate Authority :-

Date of receipt of the order appealed against :-

Last date of filing the appeal :-

The grounds of appeal :-

Prayer :--

Particulars of information :-

Nature and subject matter of the information required :--

Name of the Office or Department to which the information relates :--

Enclosure :--

Copy of my RTI Application dated________ . Ref. No. _________, received by the PIO on date __________.

Copy of the reply received from PIO, dated_________ , received by me on date_______.

Copy of the reply received from Appellate Authority dated.___________, recd. by me on _________.

Framing of Questions

Never ask questions likewhat, why, when etc. Applications will get dismissed straight away Instead always start with:

Provide copy of.

Provide circulars.

Provide minutes.

Provide samples.

Provide GR.

Provide file noting.

Charges for Information

If information is received within 30 days of filing of application then :-

Rs. 2 / page A4/A3 paper size

Rs. 50 / CD

As per actual for plans / samples etc.

For inspection of records 1st Hr is free, then Rs. 5 for every subsequent 15 minutes.

For Courts - Refer Bombay High Court RTI Rules

If information is received after 30 days, no charges are to be paid.

Charges for Information Conti..

Every person seeking the information shall request orally or in writing or through electronic means paying the requisite fees at the following rates :

In respect of public authorities at the Village Level No fee ;

In respect of public authorities at Mandal Level Rs. 5/- per application ;

In respect of public authorities other than those covered above Rs. 10/- per application ;


Samples and models actual cost thereof;

vi) Inspection of records no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter;

vii) Material to be sent by post the actual postal charges in addition to the charge payable as per the rules.

The applicant is not required to give any reason or any other personal details except those that may be necessary for contacting him.


The sale price of publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form.

e) Other than priced material :

i) Material in printed or text form (in A4 or A3 size paper) Rs.2/- per each page per copy;

Material in printed or text form in larger than A4 or A3 size paper - actual cost thereof;

Maps and plans actual cost thereof;

Information in Electronic format viz., Floppy, CD or DVD:

(a) Rupees fifty for Floppy of 1.44 MB;

(b) Rupees one hundred for CD of 700 MB; and

(c) Rupees two hundred for CD (DVD).

Mode of payment

For Maharashtra State

Rs. 10/- Court Fee Stamp for RTI application.

Rs. 20/- Court fee Stamp for 1st & 2nd Appeal.

For Central Public Authorities:

BC/DD/IPO in favor of Accounts Officer of

designated authority.

NOTE: No Fees applicable for 1st & 2nd appeals.

For Courts, Western & Central Railways

Please check respective RTI Rules.

Court fee stamp as RTI fees in Maharashtra

Indian Postal Order [IPO]

Western & Central Railway RTI fees

Please remember.

Right to Information Act 2005 [RTI] is a powerful tool in the hands of the citizens; it is up to the citizens to use it in a responsible manner and for a bona fide purpose only.

Frivolous use or use with the intention of harassment or personal gain will defeat the very objectives of this Act.

OFFICIAL SECRETS ACT 1923

CHATACHATA1THEN

NOW

Thank You

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Right to information act

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