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Right To Information (RTI)

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Right To Information (RTI)

  1. 1. A presentation on Right to Information Act, 2005
  2. 2. Right to Information Act, 2005 When introduced On 12 October, 2005 Area of Extension To the whole of India except the State of Jammu & Kashmir
  3. 3. Right to Information Act, 2005 Objectives of the RTI ActTo empower citizen To promote transparency To promote accountability Contain corruption
  4. 4. Right to Information Act, 2005 What is information Records, documents, memos, emails, opinions, advices, press release, circulars, orders, logbooks, contracts, reports, papers, samples, models & all data held in any electronic form
  5. 5. Right to Information Act, 2005 Citizen’s rightsTo seek information in a form in which it is maintained Inspect work, documents and records Take notes, extracts or certified copies Take certified samples of material
  6. 6. Right to Information Act, 2005 Dos for the Public authority        Maintenance, updating and computerization of records Suo motu disclosure preferably in public domain Publishing information pertaining to Section 4(1)(b) of the Act and regular updating of the same To designate SAPIO/SPIO/Appellate authority To organize educational programme To organize training Comply with the decision of State Information Commission
  7. 7. Right to Information Act, 2005 Salient features  No reasons to be asked  Persons belonging to BPL category not to submit application fee or any cost for information but he/ she has to submit proof  Information deemed to be refused after lapse of prescribed period  No prescribed application format but should contain name and complete postal address of the applicant
  8. 8. Right to Information Act, 2005 Public authority Not to create/interprete information  Not to solve the problems raised by information seekers  Not to furnish replies to hypothetical questions  Reshape the information  Not to “deduce” conclusion from the material and supply the “conclusion” to the applicant
  9. 9. Right to Information Act, 2005 Time period for supply of information  If submitted to SPIO – 30 days from date of receipt  If submitted to SAPIO - 35 days  If life and liberty of a person is involved – 48 hours
  10. 10. Right to Information Act, 2005 Communication to the applicant should contain If application is rejected   The reasons for rejection The particulars of appellate authority Time limit for filing appeal If additional fee is required   The details of cost with calculation Fact with regard to right of applicant to make appeal against such additional fee Particulars of appellate authority
  11. 11. Right to Information Act, 2005 Intervening period to be excluded  If applicant is asked to pay any additional fee, the period intervening between the dispatch of intimation about such payment and actual payment by the applicant shall be excluded from the specified period
  12. 12. Right to Information Act, 2005 Transfer of application/seeking assistance   To be done within 5 days if the information pertains to the functioning of another public authority If assistance is sought by SPIO to another officer under the same public authority, the said officer will be deemed to be SPIO and liable for contravention of the provisions of the Act
  13. 13. Right to Information Act, 2005 Supplying of information may be denied  If category of information belongs to section 8 & 9 of the RTI Act, 2005 a) But will be disclosed if public interest overweighs the harm of protected interest and b) 20 years have elapsed after occurrence of incident except in certain cases  Form in which information sought would disproportionately divert the resources of the Public authority  Cause harm to safety or preservation of records
  14. 14. Right to Information Act, 2005 Whom to lie appeal with  First appeal – Before an Officer senior to the SPIO as notified  Second appeal – Before the State Information Commission
  15. 15. Right to Information Act, 2005 Appeal on what grounds a) First appeal –  If information not supplied by SPIO within specified period  Applicant not satisfied with information b) Second Appeal –  If 1st Appellate authority fails to pass order within specified period  Appellant not satisfied with the order of 1st Appellate authority
  16. 16. Right to Information Act, 2005 Time period for filing appeals a) 1 st appeal  Within a period of 30 days fromThe date on which the time limit has expired for response from SPIO The date on which response of SPIO has been received b) 2 nd appeal  Within a period of 90 days fromThe date on which decision should have been made by the 1 st Appellate authority The date on which decision has been received by appellant
  17. 17. Right to Information Act, 2005 Supply of information to association  If application made by an officebearer/employee of any association/corporation/company/NGO etc. indicating the name and if he is a citizen of India, information to be provided
  18. 18. Right to Information Act, 2005 Third party information Who is third party  Any person other than the applicant and includes a public authority other than the authority to whom information has been sought
  19. 19. Right to Information Act, 2005 Procedure for providing information relating to third party      Within 5 days of receipt of application, SPIO to give written notice to the third party Within next 10 days, third party to make submission SPIO to take a decision within 40 days from application SPIO to issue notice to third party if he wishes to provide information Appellate authority to be specified in the notice
  20. 20. Right to Information Act, 2005 Fees required to be paid a) Application fee- A court fee/NJ stamp paper/Demand draft/Banker’s cheque/Postal order of Rs. 10/b) In case of electronic application, information to be provided only after requisite application fee is deposited
  21. 21. Right to Information Act, 2005 Additional fee for providing information     Rs. 2/- for each page of A3/A4 size paper Actual cost price for larger paper Rs. 5/- for each 15 minutes’ inspection Rs. 50/- per diskette/Floppy
  22. 22. Right to Information Act, 2005 Complaints May be filed to the State Information Commission if  Unable to submit application/appeal on grounds of refusal  SPIO/SAPIO/appellate authority not appointed  Access to information is refused  Not responded to within specified period  Fee considered unreasonable  Given incomplete, misleading or false information :
  23. 23. Right to Information Act, 2005 Powers of State Information Commission  May pass order to provide information  May require the Public authority to publish information  May order enhancement of provisions for training  May require to submit annual report  May order to compensate the complainant/appellant  May impose penalty on SPIO  May recommended disciplinary action against SPIO
  24. 24. Right to Information Act, 2005 THANK YOU