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PROJECT REPORT
ON
RIGHT TO INFORMATION-A CASE STUDY
SUBMITTED IN PARTIAL FULFILLMENT FOR THE AWARD OF THE
DEGREE OF BACHELOR OF BUSINESS ADMINISTRATION
2010-13
UNDER THE GUIDANCE OF
SUBMITTED BY:
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MAIMS LOGO
Maharaja Agrasen Institute of Management Studies
Affiliated to Guru Gobind Singh Indraprastha University, Delhi
PSP Area, Plot No. 1, Sector 22, Rohini Delhi 110086
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TABLE OF CONTENTS
STUDENT DECLARATION
CERTIFICATE FROM GUIDE
CERTIFICATE FROM ORGANISATION
ACKNOWLEDGEMENT
EXECUTIVE SUMMARY
CHAPTER SCHEME
I INTRODUCTION
II RESEARCH DESIGN
1.1 PURPOE OF THE STUDY1.2 RESEARCH OBJECTIVES OF THE STUDY1.3 RESEARCH METHODOLOGY OF THE STUDY1.4 LIMITATION
III FINDINGS AND ANALYSIS
IV SUGGESTIONS
V CONCLUSION
VI BIBLIOGRAPHY
VII EVALUATION ATTENDANCE SHEET
VIII SCHEDULE FOR PROJECTCOMPLETION
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STUDENT UNDERTAKING
This is to certify that I have completed the Project titled RIGHT TO
INFORMATION-A CASE STUDY in
MAHARAJA AGRASEN INSTITUTE OF MANAGEMENT STUDIES under the
guidance of MRS. SANGEETA MALIK in partial fulfillment of the requirement for
the award of degree of Bachelor of Business Administration at Maharaja Agrasen
Institute of Management Studies, Delhi. This is an original piece of work & I have
not submitted it earlier elsewhere.
Name of the Student
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CERTIFICATE
(In institutes letter head)
This is to certify that the project titled RIGHT TO INFORMATION-A CASE STUDY
is an academic work done by submitted in the
partial fulfillment of the requirement for the award of the degree of Bachelor Of
Business Administration from Maharaja Agrasen Institute of Management
Studies, Delhi, under my guidance & direction. To the best of my knowledge and
belief the data & information presented by him/her in the project has not been
submitted earlier.
Name of the Faculty Guide
MRS. SANGEETA MALIK
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I INTRODUCTION
Background
In order to promote, transparency and accountability in administration,
Parliament passed Right to Information Bill, 2004 on 15th June, 2005, The Right
to Information Act was notified in the Gazette of India on 21st June, 2005. The
Right to Information Act has become fully operational from 12th October, 2005.
so as to enable a citizen of India to secure access to information under the control
of Public Authorities.
Why right to information?
We all pay taxes. Even a beggar on the street pays sales tax when he buys
anything from the market. This money belongs to us. But where does thismoney go? Why are there no medicines in the hospitals? Why are peopledying of starvation? Why are the roads in such pathetic conditions? Whyare the taps dry? Now we have a right to question governments. TheParliament of India has passed Right to Information Laws, which empowercitizens to question the government, inspect their files, and take copies ofgovernment documents and also to inspect government works.
Overview of right to information
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ANDWHEREAS revelation of information in actual practice is likely to conflict with
other public interests including efficient operations of the Governments, optimum
use of limited fiscal resources and the preservation of confidentiality of sensitive
information;
ANDWHEREAS it is necessary to harmonies these conflicting interests while
preserving the paramountcy of the democratic ideal;
NOW,THEREFORE, it is expedient to provide for furnishing certain information to
citizens who desire to have it.
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RESEARCH DESIGN
1.1 PURPOSE OF THE STUDY
Purpose of the study is to know the application of right to information
Research objectives of the study
Research methodology of the study
III DATA ANALYSIS
Object of the Right to Information Act
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The basic object of the Right to Information Act is to empower the citizens,
promote transparency and accountability in the working of the Government,
contain corruption, and make our democracy work for the people in real
sense. An informed citizenry will be better equipped to keep necessary vigil
on the instruments of government and make the government moreaccountable to the governed. The Act has created a practical regime through
which the citizens of the country may have access to information under the
control of public authorities.
What is Information
Information is any material in any form. It includes records, documents,
memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data material held in any
electronic form. It also includes information relating to any private bodywhich can be accessed by the public authority under any law for the time
being in force.
Right to Information under the Act
1. A citizen has a right to seek such information from a public authority whichis held by the public authority or which is held under its control. This right
includes inspection of work, documents and records; taking notes, extracts
or certified copied of documents or records; taking certified samples of
material held by the public authority or held under the control of the public
authority.
2. The public authority under the RIT Act is not supposed to createinformation; or to interpret information; or to solve the problems raised by
the applicants; or to furnish replies to hypothetical questions. Only such
information can be had under the Act which already exists with the public
authority.
3. A citizen has a right to obtain information in the form of diskettes, floppies,tapes, video cassettes or in any other electronic mode or through print-out
provided information is already stored in a computer or in any other device
from which the information may be transferred to diskettes.
4. The information to the applicant shall ordinarily be provided in the form inwhich it is sought. However, if the supply of information sought in a
particular form would disproportionately divert the resources of the public
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authority or may cause harm to the safety or preservation of the records,
supply of information in that form may be denied.
5. The Act gives the right to information only to the citizens of India. It doesnot make provision for giving information to Corporations, Associations,
Companies etc. which are legal entities/persons, but not citizens. However,if an application is made by an employee or office-bearer of any
Corporation, Association, Company, NOG etc. who is also a citizen of India,
information shall be supplied to him/her, provided the applicant given
his/her full name. In such cases, it will be presumed that a citizen has
sought information at the address of the Corporation etc.
Exemptions from Disclosure
The right to seek information from a public authority is not absolute. Sections
8 and 9 of the Act enumerate the categories of information which are exemptfrom disclosure. At the same time Schedule II of the Act contains the names of
the Intelligence and Security Organizations which are exempt from the
purview of the Act. The exemption of the organization, however, does not
cover supply of information relating to allegations of corruption and human
rights violations.
The applicants should abstain from seeking information which is exempt
under Section 8 and 9 and also from the organizations included in the Second
Schedule except information relating to allegations of corruption and humanright violations.
The List of 22 exempted organizations is given below:
Intelligence Bureau, Ministry of Home Affairs
Directorate of Revenue Intelligence, Ministry of Finance
Central Economic Intelligence Bureau, Ministry of Finance
Directorate of Enforcement, Ministry of Finance
Narcotics Control Bureau
Aviation Research Centre
Special Frontier Force
Border Security Force, Ministry of Home Affairs
Central Reserve Police Force, Ministry of Home Affairs
Indo-Tibetan Border Police, Ministry of Home Affairs
Central Industrial Security Force, Ministry of Home Affairs
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A citizen, who desires to obtain any information under the Act, should make
an application to the Central Public Information Officer (CPIO) of the
concerned public authority in writing in English or Hindi or in the official
language of the area in which the application is made. The applicant can send
the application by post or through electronic means or can deliver itpersonally in the office of the public authority. The application can also be
sent through a Central Assistant Public Information Officer appointed by the
Department of Post at sub-divisional level or other sub-district level.
Fee for Seeking Information
The applicant, along with the application, should send a demand draft or a
bankers cheque or an Indian Postal Order of Rs10/- (Rupees ten), payable to
the Accounts Office of the public authority as fee prescribed for seeking
information. The payment of fee can also be made by way of cash to theAccount Officer of the Public authority or to the Central Assistant Public
Information Officer against proper receipt.
The applicant may also be required to pay further fee towards the cost of
providing the information, details of which shall be intimated to the applicant
by the CPIO as prescribed by the Right Information (Regulation of Fee and
Cost) Rules, 2005. Rates of fee as prescribed in the Rules are given below:
a. rupees two (Rs.2/-) for each page (in A-4 or A-3 size paper) created orcopied;
b. actual charge or cost price of a copy in large size paper;
c. actual cost or price for samples or models;
d. for inspection of records, no fee for the first hour; and a fee of rupees five(Rs.5/-) for each subsequent hour (or fraction thereof);
e. for information provided in diskette or floppy rupees fifty (Rs.50/-) perdiskette or floppy; and
f. for information provided in printed form at the price fixed for such
publication or rupees two per page of photocopy for extracts from thepublication.
If the applicant belongs to below poverty line (BPL) category, he is not
required to pay any fee. However, he should submit a proof in support of his
claim to belong to the below poverty line. The application not accompanied by
the prescribed fee of Rs.10/- or proof of the applicants belonging to below
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poverty line, as the case may be, shall not be a valid application under the Act
and therefore, does not entitle the applicant to get information.
Format of Application
There is no prescribed form of application for seeking information. theapplication can be made or plain paper. The application should, however, have
the name and complete postal address of the applicant. Even in cases where
the information is sought electronically, the application should contain name
and postal address of the applicant.
The information seeker is not required to give reasons for seeking
information.
Time Period for Supply of Information
1. The CPIO should supply the information within thirty days of the receipt ofthe request. Where the information sought for concerns the life or liberty of
a person, the same should be provided within forty-eight hours of the
receipt of the request.
2. Every Public authority is required to designate an officer at each sub-divisional level or other sub-district level as a Central Assistant Public
Information Officer (CPAIO) to receive the applications or appeals under
the Act for forwarding the same to the Central Public Information Officer or
the first Appellate Authority or the Central Information Commission. If
request for information is received through the CAPIO, the information
may be provided within 35 days or receipt of application by the CAPIO in
normal course and 38 hours plus 5 days in case the information sought
concerns the life or liberty of person.
3. In case of an application transferred from one public authority to anotherpublic authority, as referred to in para 21, reply should be provided by the
concerned public authority within 30 days of the receipt of the application
by that public authority in normal course and within 38 hours in case the
information sought concerns the life or liberty of a person.
4. The Central Public Information Officers of the intelligence and securityorganizations specified in the Second Schedule of the Act may receive
applications seeking information pertaining to allegations of corruption
and human right violations. Information in respect of allegations of
violation of human rights, which is provided only after the approval of the
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Central Information Commission, should be provided within forty-five days
from the date of the receipt of request. Time limit prescribed for supplying
information in regard to allegations of corruption is the same as in other
cases.
5. Where the applicant is asked to pay additional fee, the period interveningbetween the dispatch of the intimation about payment of fee and the
payment of fee by the applicant shall be excluded for the purpose of
calculation the period of reply. The following table shows the maximum
time which may be taken to dispose of the application in different
situations:
me limit for disposing of applications
Situation Time limit for dispos
pply of information in normal course. 30 days
pply of information if it concerns the life or liberty of
erson
38 hours
pply of information if the application is received
ough CAPIO.
05 days shall be added to the time period in
pply of information if application/request is received
er transfer from another public authority:
In normal course
In case the information concerns the life or liberty of
a person.
a. Within 30 days of the receipt of the appauthority.
b. Within 38 hours of receipt of the applic
pply of information of information by organizations
cified in the Second Schedule:
If information relates to allegations of human rights.
In case information relates to allegations ofcorruption.
a. 35 days from the receipt of application.
b. Within 30 days of the receipt of applica
pply of information if it relates to third party and the
rd party has treated it as confidential.
Should be provided after following the pro
guidelines.
pply of information where the applicant is asked to
y additional fee.
The period intervening between informing
payment of fee by the applicant shall be ex
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If the CPIO fails to give decision on the request for information within the
prescribed period, the Central Public Information Officer shall be deemed to
have refused the request. It is pertinent to note that if a public authority fails
to comply with the specified time limit, the information to the concerned
applicant would have to be provided free of charge.
First Appeal
If an applicant is not supplied information within the prescribed time thirty
days or 48 hours, as the case may be, is not satisfied with the information
furnished to him, he may prefer an appeal to the first appellate authority whois an officer senior in rank to the CPIO. Such an appeal should be filed within a
period or thirty days from the date on which the limit of 30 days of supply of
information is expired or from the data on which the information or decision
of the CPIO is received.
The appellate authority of the public authority shall dispose of the appeal
within a period of thirty days or in exceptional cases with 45 days of the
receipt of the appeal.
Second Appeal
If the appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order of the first
appellate authority, he may prefer a second appeal with the Central
Informational Commission within ninety days from the date on which the
decision should have been made by the first appellate authority or was
actually received by the appellant. The appeal made to the Central
Informational Commission should contain the following information:-
i. Name and address of the appellant;
ii. Name and address of the Central Public Information Officer against thedecision of whom the appeal is preferred;
iii. Particulars of the order including number, if any, against which the appealis preferred;
iv. Brief facts leading to the appeal;
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v. If the appeal is preferred against deemed refusal, particulars of theapplication including number and date and name and address of the
Central Public Information Officer to whom the application was made;
Prayer or relief sought;
vi. Grounds for prayer or relief;vii. Verification by the appellant; and
viii. Any other information, which the Commission may deem necessary fordeciding the appeal.
The appeal made to the Central Informational Commission should be
accompanied by the following documents:
i. Self-attested copies of the order or documents against which appeal is
made;ii. Copies of the documents relied upon by the appellant and referred to in the
appeal; and
iii. An index of the documents referred to in the appeal.
Complaints
If any person is unable to submit a request to a Central Public information
Officer either by reason that such an officer has not been appointed by the
concerned public authority; or the Central Assistant Central Public
information Officer has refused to accept his or her application or appeal for
forwarding the same to the Central Public information Officer or the appellate
authority, as the case may be; or he has been refused access to any
information requested by him under the RTI Act; or he has not been given a
response to a request for information within the time limit specified in the
Act; or he has been required to pay an amount of fee which he considers
unreasonable; or he believes that he has been given incomplete, misleading or
false information, he can make a complaint to the Central information
Commission.
Imposition of Penalty
As pointed out above, an applicant under the Act has a right to appeal to the
Central Information Commission and also to make complaint to the
Commission. Where the Central Information Commission at the time of
deciding any complaint or appeal is of the opinion that the Central Public
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Information Officer has without any reasonable cause, refused to receive an
application for information or has not furnished information within the time
specified or malafidely denied the request for information or knowingly given
incorrect, incomplete or misleading information or destroyed information
which was the subject of the request or obstructed in any manner infurnishing the information, it shall impose a penalty of two hundred and fifty
rupees each day till application is received or information is furnished subject
to the condition that the total amount of such penalty shall not exceed twenty-
five thousand rupees. The Central Public Information Officer shall, however,
be given a reasonable opportunity of being heard before any penalty is
imposed on him. The burden of proving that he acted reasonable and
diligently and in case of denial of a request that such denial was justified shall
be on the Central Public Information Officer.
CASE STUDIES
Construction of Street is possible with the magic of RTI Act.
Submitted by pardeep rapria
I am a resident of Rishi Nagar,Kaithal(Haryana).My street was lying in a
ruined condition due to political reasons because resident of my street did not
the M.C. in the elections of Municipal Council. Many times I requested the
present to construct my street and drew her attention towards the fact that
other street has already been constructed, but all in vain. On 24.11.2006 I
went to the office of Municipal Council with a RTI Application and asked
following questions:- 1.What are the reasons that my street has not been
constructed, when adjacent streets has already been constructed.2.Give me
the reasons of such a long delay in constructing the street.3Give me the name
and designation of the officer who is responsible for causing delay in the
construction of street.4.Whether any plan has been sanctioned for the
construction of this street. In this regard let me know the estimated value ofthe construction of the street. On seeing my application the officers of the
Municipal Council said,: This is OK by our brotherhood with you is also
somethig,you street will be constructed without filing this RTI Application.
But I submitted my application. Surprisingly within a week officers and a
contractor visited my house and said, Everything will be done according to
your wish. And now the construction of street is almost complete. This magic
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is possible only with the use of RTI Act. Pardeep Rapria Rishi
Nagar,Kaithal(Haryana) LL.B,English Honours Mob.N.-09896040307
Anomaly in Recruitment Exercise DELHI
Submitted by SUNIL BAGORIA
In Year Dec '2000, Airports Authority of India advertised a recruitment notice
in Employment Newspaper for the post of Sr. Superintendent (Electronics) in
pay scale of Rs. 3450-6100(pre-revised).
Accordingly Recruitment Exercise was executed, and written & interview was
conducted for this post.
At the time of interview all candidates were informed by department the pay
scale is due for revision in AAI, hence successful candidates will be appointedon revised designation & scale of pay decided by management for this
recruitment exercise.
After completion of this recruitment exercise selected candidates were offered
appointment for the post of Sr. Assistant (E). There was no indication for pay
scale in appointment offer, it was only indicated as * and it is likely to be
revised to Rs. 6300-12060.
On asking, the CHQ informed to candidates, that there is no change in grade of
post & scale of pay. On faith on AAI, Candidate joined on offered post. At the
time of Joining, Candidates were offered course schedule for Sr.Superintendent (E) for Ab-initio course.
After one month of joining, wage revision order was issued, and it was
shocking to us, that by mischief, AAI appoint us on 3 grade lower posts.
In this regards all affected candidates submitted their grievance, but nobody
take our representation seriously.
Effect of RTI Act05: -
In 2007/08 we use RTI Act'05, and asked details regarding this recruitment
exercise.
We ask for providing all documents/record/correspondence/noting fileissued during the period from interview to issuing appointment offer.
The Information provided to me revealed some facts like,
1. Board of Selection Committee declared result for selection for theadvertised post of Sr. Superintendent (E).
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2. ED (P&A) approved list of candidate for appointment on advertisedpost.
3. Member (P&A) - the competed appointing authority gives his approvalon list.
4. HR Cell issued instruction to personal section for issuing appointmentoffer for the post Sr. Superintendent (E).5. Concern Directorate & Tainting Cell intimated to personal section for
competition of recruitment process and date for Ab-initio course for the
advertised post of Sr. Superintendent (E).
6. But by the negligence/intension of personnel section, they issuedappointment offer for 3 grade lower post of Sr.Assistant (E).
Present status:-
Some information is still due for sought i.e. name of person who take decision
for changing in the grade of post for appointment, etc.After hearing CIC Prof. M.M.Ansari had given direction to CPIO for providing
other requested information, and give instruction to CPIO, AAI to process the
case for rectification of anomaly in recruitment exercise.
Right to Information Act, 2005 is a revolutionary law - use it
Submitted by KAMAL ANAND
I, Kamal Anand working for association called People For Transparency' at
Sangrur wanted to inspected master plan & other documents in the office of
District Town Planner Sangrur. Hence I had given a call to the office of District
Town Planner' telling that I wanted to inspect such & such documents under
The Right to Information Act'. The concerned officer had told me that I could
come at any time. I went to the office of District Town Planner & presented my
application for the inspection of the records & had told them that I was
entitled to inspect the records maintained by them. The concerned officer told
me that I can inspect any document I want to inspect under The Right toInformation Act 2005 or otherwise, even without submitting my application
under the Act. Because they know that under the act I am legally entitled to
inspect records. They had offered me cup of tea and dealt with me in very
cordial manner. I want to convey through this story that culture is changing.
Some bureaucrats understand that public has right to information about the
working of their departments. People should make maximum use of The
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Right to Information Act', to create & maintain this culture. The preamble of
the Act clearly says that information will be given to the person, who desires
to have it. So have desire for information and call for information as much as
you can. Contribute by playing active role in the promotion of The Right to
Information Act'. There are many failures faced by us when we go to the otheroffices in Sangrur area, where the officer are not so co-operative. They even
refuse to receive our application under the Act. One such office is the office ofCivil Surgeon Sangrur', where Addl. Civil Surgeon Sangrur' had refused to
receive the application under RTI. Having expert knowledge about The Right
to Information Act', we stressed that our application should be received. It
was received by the Civil Surgeon Sangrur', who is senior to the PIO in the
same department. The Right to Information Act 2005 is a revolutionary law.
So please make use of it. Don't think about failure, but only about the success.
Kamal Amanda/o People for Transparency Telephone Exchange Road Near
Sank
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IV SUGGESTIONS
V CONCLUSION AND LIMITATIONS
VI BIBLIOGRAPHY
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Word or list of the words referred in a text or consulted by you for writing report.
It should be arranged in alphabetical order by name of the authors.
For books
Name of the author (last name first) Title of the book, Edition, year of publication,
No of Vol. (if any) Name and place of publisher.
Example:
Kothari, C.R. Research methodology, 3rd
edition, 1997, Vikas Publishing House Pvt.
Ltd, New Delhi.
For Research Papers, Published articles, Magazines, Periodicals, Journals,
Newspaper etc.
Name of the author(last name first), Title of the article, (in quotation mark) Name
of the Journals/ Periodicals/ Magazines etc in italics, Volume number, year, Page
numbers.
Example: Wortman,Maxs (Jr.) Entrepreneurship : An Integrating Typology and
Evaluation of the Empirical Research in the field, Journal of Management,Vol.13(2), 1967,pp 259-279.
Online published material on World Wide Web (Alphabetically arranged
Webliography)
Name of the Website, Date and time of referring the Website, Name of the
Author, Title/Topic
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VII EVALUATION ATTENDANCE SHEET
MAHARAJA AGRASEN INSTITUTE OF MANAGEMENT STUDIES
ATTENDANCE FOR PROJECT REPORT
Name of the student :
Class :
Roll No. :
Name of the Supervisor :
S.No. Date Time Progress
Report
Signature
of the
student
Signature
of
Supervisor
1
2
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3
4
5
6
7
8
9
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10
*Minimum (8out of 10) 80% attendance compulsory.
Coordinator
VIII SCHEDULE FOR PROJECT COMPLETION
S.No. Date Activities to be Completed
1
10th
May 2009
Initial discussions and finalization of title
2
14th
August
2009
Finalization of chapter scheme
3 As Per Project
Guide
Instructions
Ch-1 Introduction
4 Ch-2
5 Ch-3
6 Ch-4
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7
11th
September
2009
Final Draft
8
23rd
September
Approved draft will be submitted and will go
for binding
9
30th
september
Final submission of report after 30th
no report
will be accepted
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