RIGHT TO INFORMATION ACT (RTI 2005)

Presented By : Priyanka Gupta Rajiv Mittal Sahil Gupta Silky Chawla Vaibhav Rastogi Vinit Gupta Yamini Choudhary

RTIA EXTENDS TO THE WHOLE OF INDIA

Jammu & Kashmir Right to Information Act 2009

Any guesses for number of States & UT

EXCEPT THE

STATE OF JAMMU & KASHMIR

NEED FOR RTI ACT

Mahatma Gandhis vision of Real Swaraj. Provision in the Constitution of India. Enforcement of Right to Information. Time bound and defined process to access information.
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INTERNATIONAL SCENARIO

INDIA IS 48TH COUNTRY TO IMPLEMENT RTI ACT

RTI ACT 2005

An act to provide for the setting out the Practical Regime of right to information for the citizens to secure access to Information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commission and for the matters connected therewith or incidental therewith. Falls in to the list of Fundamental Rights.

Date of Presidential Assent : 15th June, 2005 Came in to force : 12th October, 2005

OBJECTS AND REASONS

Make the Freedom of Information Act 2002 more progressive, participatory and meaningful. To establish an appellate machinery with investigating powers to review decisions of the public information officers. Penal provisions for failure to provide information, as per law. Provisions to ensure maximum disclosure and minimum exemptions, consistent with the constitutional provisions. Effective mechanism for access to information and disclosure by 6 authorities.

PUBLIC INFORMATION OFFICER

PIOs are the communications coordinators or spokespersons of certain governmental organizations.

Duties :

Accept applications for information

Give information in the format requested within the time limit

APIO - Transfer Application to correct PIO within 5 days.

Inform citizen in writing if application was transferred.

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Refuse or Grant disclosure.

THIRD PARTY
Means a person other than the citizen making a request for information and includes a public authority.

CHIEF INFORMATION COMMISSION / STATE INFORMATION COMMISSION

The Central Information Commission / State Information Commission has a duty to receive complaints from any person. One Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India.

INFORMATION
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

OBLIGATIONS OF PUBLIC AUTHORITIES

Every public authority shall publish within 120 days from the enactment of this Act :
1. Particulars of its organization, functions & duties. 2. Powers and duties of its officers and employees 3. The procedure followed in the decision making process,

including channels of supervision and accountability .

4. Norms set by it for the discharge of its functions 5. The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions. 10 6. A statement of the categories of documents that are held by it or under its control.

PROCESS FOR FILING RTI

Application may be in writing / electronic means. English / Hindi or official language of area to be used. No specific application format necessary. Application may be sent by registered / courier.

Meager application fee of ` 10.

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Apply to the Public Information Officer.

TIME LIMIT FOR RECEIVING INFORMATION

30 days if application is filed with PIO. 35 days if the application is filed with Assistant PIO. 35 days if Application Transfer was involved. 48 hours if information affects life and liberty of individual.

40 days if interests of third party are involved.

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APPEAL MECHANISM

First Appeal is to be made to Appellate authority. Appeal to be made within 30 days. Decision has to be given in next 30 days. Second appeal to be made to CIC. Second appeal to be made within 90 days. Second appeal leads to penalization of the PIOs.
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FIRST APPEAL
Any person who, does not receive a decision within the time specified or is aggrieved by a decision of the PIO may within 30 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 PIO in the public authority.

SECOND APPEAL is made against the decision shall lie

within 90 days from the date on which the decision should have been made or was actually received, with the Information Commission.
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CAUSES FOR PENALTIES

NonPerformance of Officer. Delay in providing information. Providing incomplete or false information. Rejecting application for malafide reasons.

PENALTIES

The CIC imposes penalty of ` 250 per day. Maximum penalty is ` 25,000.

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INSTANCES WHERE RTI IS USED

Seek information on certain government activities. Reasons for certain government decisions. Seek information on prevent wrong doings. Suggest improvements once you have the information. When bribes are sought for you. Your complaints and FIR go unheeded.
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CASES EXEMPT FROM DISCLOSURE

Sovereignty, Integrity, Security of India in danger.
Forbidden by any court of law.

Received in confidence from Foreign Government.

Invasion of Individual Privacy.

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APPROACHES TO ISSUES FACED DURING AND AFTER IMPLEMENTATION

Demand Side : Information seeker side mainly citizens and past applicants

Supply side : PIO, Nodal Department for RTI implementation, Administrative Training Institutes.

Adjudicatory Side (Information Commission) : Chief Information Commissioner, State Information Commission 20 website

ISSUES FACED ON DEMAND SIDE

Low Public Awareness.

Constraints faced in filing applications.

Poor quality of information provided.

Constraints faced in inspection of records.

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ISSUES FACED ON SUPPLY SIDE

Failure to provide information in 30 days. Inadequate trained PIOs and First Appellate authorities. Obsolete record management guidelines. Non availability of basic infrastructure.

Lack of motivation among PIOs.

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ISSUES FACED ON INFORMATION COMMISSIONS

SIC annual reports.

Perception of being lenient towards PIOs.

Lack of monitoring and review mechanisms. High level of pendency. Geographical spread of Information commissions. Variation in assumption of role by SIC & State Governments. 23

CONTACT DETAILS

The RTI Portal (rti.gov.in) is to provide a central platform for information about Public Information Officers ( PIOs) and the proactive disclosures of various Public Authorities (PAs) including the State Governments, enabling public to have a quick and an easy access to information.

For your comments/suggestions regarding the contents and its enrichments may be sent to rti@nic.in .
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QUIZ
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RULES

The correct answer in first attempt only for the whole class fetches a Polo.

Otherwise the Polo goes back to team members. Unite & fetch the maximum number of Polo. The final decision rests with the team members. Lets see who are the Polo earners for the class.

BEST OF LUCK
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RTI ACT CAME INTO EXISTENCE ?

Oct 12, 2005 Jun 15, 2005 Nov 12, 2005 Mar 15, 2005

Oct 12, 2005

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CAN YOU ASK FOR REPORTS AND RECORDS UNDER THIS ACT?
Yes No

Yes
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WHO AMONG THE FOLLOWING CAN SEEK INFORMATION ?

Individual Citizen A registered Company An Association/Society A Group of persons

An Individual Citizen
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WHICH OFFICER IN PUBLIC AUTHORITY PROVIDES THE INFORMATION?

PRO PIO Appellate Authority APIO

PIO

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TIME FRAME FOR PROVIDING INFORMATION (NORMAL CASE)?

7 Days 30 Hours 60 Days 30 Days

30 Days

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TIME FRAME FOR PROVIDING INFORMATION (LIFE AND DEATH CASE)?

An Hour 12 Hours 48 Hours 06 Hours

48 Hours
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WHAT TO DO IF INFORMATION IS DENIED OR NOT PROVIDED IN TIME?

Can Not Do anything Fight with PIO Appeal to Appellate Authority Request Again

Appeal to Appellate Authority

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ARE YOU REQUIRED TO FURNISH THE REASON FOR ASKING INFORMATION?

Yes No

NO
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WHAT TO DO IF FIRST APPEAL IS NOT REPLIED TO?

Approach a court Do nothing Appeal to information commission Appeal again

Appeal to Information Commission

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WILL INFORMATION COMMISSION

ENTERTAIN THE CASE OF DENIAL OF INFORMATION BY APPELLLATE AUTHORITY?

Yes No

YES
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DOES RTI ACT COVER ALL THE STATES OF INDIA?

Yes No

NO
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Mail unanswered queries to <email>

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