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Right to information act

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Right to information act

  1. 1. RIGHT TO INFORMATIO N ACT Presented By: Varun Arya
  2. 2. The Right to Information Act (RTI) is an Act of the Parliament 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. The Act applies to all States and Union Territories of India except the State of jammu and kashmir. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005. Information disclosure in India was restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.
  3. 3. • Right to seek Information • Right to obtain Information • Right to inspect information •To get Certified copies/ Samples • To get Third party information also
  4. 4. Promotes openness, transparency and accountability in the working of every public authority Reduce Corruption Prevent administrative arbitrariness Bridge the gap between providers recipient of public services Make citizen part of decision making Make administrative responsive Strengthen the foundation of democracy
  5. 5. Sweden (1766) Freedom of Press Act India is the 48th Country to implement RTI USA (1966) Freedom of Information Act UK (2000) Freedom of Information Act South Africa (2000) Promotion of Access to Info Act New Zealand (1982) Official Information Act Finland (1951) Openness to Public documents RTI in constitution of Countries like France, Brazil, Mexico, Columbia etc. More than 90 countries are having act on RTI
  6. 6. Right to information accessible under the Right To Information Act which is held by or under the control of any public authority and includes the right to • Inspection of work, documents, records • Taking notes, extracts or certified copies of documents of records; • Taking certified samples of material; • Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
  7. 7. ₹10.00 in Urban Area ₹ 5.00 in Rural Area If information on CD : ₹ 50.00 If information on DVD : ₹ 100.00 To Inspect Document : Up to 1 hour free later on 15 Rupees per hour.
  8. 8. Apply in writing or through electronic mode It maybe in English or Hindi or in the official language of the area , To the PIO(Public Information Officer),specifying the particulars of the information required for. Reason for seeking information are not required to be given; No personal details are to be attached except the contact details. Pay fees as maybe prescribed(if not belonging to the below poverty line category).
  9. 9. On plain paper • Use white sheet of paper to write an application. No restriction on number of pages. Typed or Hand Written • No compulsion to type the matter but it should be readable. No limit on questions • There are no restrictions on number of questions that can be asked in one application . However it is advisable to ask limited number of questions.
  10. 10. TESTED METHODS OF SENDING • Personally ,By hand–copy of the application/proof of payment is duly stamped , signed and stamped by the PIO or inward department • Registered post • Speed post
  11. 11. Authority Public Information officer Assistant Public Information officer PIO transfers to another public authority(Authority better concerned) If related to Human Rights violation in Security agencies If life or liberty of a person is involved Time Limit 30 days 35 days 30 days from the day it is received by the PIO of the transferee authority 45 days with the prior approval of CIC 48 hours
  12. 12. As per section 11 (1), where the PIO intends to disclose any information, which relates to or has been supplied by a third party and has been treated as confidential by that third party the PIO shall, within five days from the receipt of the request give a written notice to such third party and invite the third party to make a submission in writing or orally, and such submission shall be kept in view while taking a decision.
  13. 13. You can make an appeal to the Appellate Authority if: (a) You are aggrieved by the decision made; (b) If no decision was made within the proper time limits; (c) You are a third party consulted during the application process, and you are unhappy with the decision made by the PIO . You need to send your appeal to the Appellate Authority within 30 days from the date on which you received the decision from the PIO.
  14. 14. A second appeal against a decision of an Appellate Authority to the Information Commission must be made within 90 days from the date on which the decision was actually received . Further, if third party is involved, he/ she should get opportunity to be heard.
  15. 15. Instead of making an appeal to the Appellate Authority and then the Information Commission, you also have the option of approaching the Information Commission directly and submitting a complaint under section 18(1) of the Act if you are not satisfied with the decision of a PIO or if you think a public authority is failing to comply with its information duties under the Act. This is a particularly useful route if you wish to immediately seek a penalty for the PIO or compensation for yourself.
  16. 16. Sovereignty and Integrity of the Nation. Security of the state. 18 institute (CBI, RAW, etc) Right to privacy. Trade secret/ Commercial info./ Seal Tender info. Etc. Protection of copyright.
  17. 17. The information is exempted from disclosure u/s 8(1). If some part comes under exempted matters and some other part does not deal with section8(1), partial disclosure(severability) is possible. In such a case , the only part which is not coming undersection8(1) is provided .
  18. 18. Penalty of Rs.250 per day –total amount not exceeding Rs.25,000/- Opportunity to be given to CPIO before imposition of Penalty. CIC can also recommend disciplinary action against CPIO.
  19. 19. Pollution Factory Shutdown • Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was running illegal plastic factory. • In December 2002, he filed complaint with the deputy commissioner of police and forwarded a copy to SDM(Sub Divisional Magistrate). He visited SDM’s office at least five times between February and August 2003. • Then he filed an application under RTI act, wanting to know what was happening to his complaint.
  20. 20. Pollution Factory Shutdown(contd) • On September 1, he received a reply, they had forwarded his complaint to Delhi Pollution Control Committee but no reply had been received and on September 3, he filed a RTI application at DPCC. • Kapil Jain got a copy of DPCC’s letter and surprised, they replied they had already sent an inspection report of the unit. • He himself approached the SDM with copy of DPCC and next day the factory was sealed.
  21. 21. THANK YOU