PRESENTED BY SMT. SHASHI KAUSHAL

SPECIAL DIRECTOR OF EDUCATION/

FIRST APPELLATE AUTHORITY(HQ) UNDER

RTI ACT-2005

Right to Information Act 2005

Good GovernanceTransparency/

Accountability

The real Swaraj will come not by the

acquisition of authority by a few but by the

acquisition of capacity by all to resist authority

when abused-Mahatma Gandhi

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Towards Information Revolution

• India’s constitution-Fundamental Rights-Article 19(1) (a)-Freedom of Expression

• Poverty Alleviation Programmes-early 1980s• Revolution in Information Technology-late 1980s• Withdrawal of Government monopoly in

Information & Broadcasting-1990s• Initiatives of civil society-Rajasthan• Free media-Freedom of Information Act, 2002 • Right to Information Act, 2005• DRTI Act-2001-PGC matter•

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‘Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed’

Right to Information Act 2005

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World Developments Sweden 1766-Included in Sweden’s constitution-

Finland then part of Sweden Finland(1951)-Law on the Public Character of

Official Documents USA-1966-By an amendment of 1974 the onus of

justifying restriction of access lies with government-Law places time limit for responding to requests;all non-secret information disclosable through ‘severability’; disciplinary action mandated against officials for wrongful non-disclosure

Denmark, Norway 1970s UK-2000; Mexico-2002; Pakistan FoI Ordinance

2002;Nepal RTI 2007; Indonesia FoI Act 2008; Bangladesh RTI Ordinance (proposed) 2008

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“I believe that the passage of this Bill will see the dawn of a new era in our processes of governance, an era of performance and efficiency, an era which will ensure that benefits of growth flow to all sections of our people, an era which will eliminate the scourge of corruption, an era which will bring the common man’s concern to the heart of all processes of governance, an era which will truly fulfill the hopes of the founding fathers of our Republic.”

Dr. Manmohan SinghPrime Minister of IndiaSpeech in Parliament on May 11, 2005.

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What is Information?

Information means 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 and information relating to any private body which can be accessed by a public authority under any other law for the time being in force -Section 2(f)

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Right to Information:Key Concepts Transparency & Accountability in the working

of every public authority The right of any citizen of India to request

access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/24)

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, Media

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Success Strategies: Section 4 Disclosure

It fundamentally restructures the debate on governance from what should be revealed to what must be kept secret and undoubtedly reflects the potency of India’s vibrant democracy.

The Central Information Commission can, under Section 19 (8) (a) (iii), require every public authority to “publish certain information or categories of information” under the Act. Should the public authority not comply, Section 19 (8) (c) gives the Commission the power to “impose any of the penalties provided under this Act”.

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Obligations

S 4 (1) Every public authority shall -  (a)maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated

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What is a Public Authority?

"public authority" means any authority or body or institution of self- government established or constituted—  

(a)by or under the Constitution; (b)by any other law made by Parliament;  (c)by any other law made by State Legislature;  (d)by notification issued or order made by the appropriate

Government, and includes any— (i) body owned, controlled or substantially financed;  (ii) non-Government organization substantially financed,

directly or indirectly by funds provided by the appropriate Government;

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Overview Legal provision under the Act: Section 25

of the RTI Act entrusts the Central Information Commission (CIC) with the responsibility of monitoring the implementation of the Act and preparing a report on this by Central govt. during each year; same with SICs in States

RARDBMS: National Informatics Centre (NIC), has designed and developed software that enables Ministries to place the above information on the website of the Commission.

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What does Right to Information mean? It includes the right to - i. inspect works, documents, records. ii. take notes, extracts or certified copies of documents

or records. iii. take certified samples of material. iv. obtain information in form of printouts, diskettes,

floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2(j)]

DEFINITATION SECTION-2

Section 2(f)- information ‘means any material in any form, including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force’

SECTION2(I)- RECORD INCLUDES

a) ANY DOCUMENT, MANUSCRIPT & FILE.

b) ANY MICROFILM, MICROFICHE AND FACSIMILE COPY OF A DOCUMENT.

c) ANY REPRODUCTION IMAGE OR IMAGE EMBODIES IN SUCH MICROFILM(WHETHER ENLARGED OR NOT) AND

d) ANY OTHER MATERIAL PRODUCED BY A COMPUTER OR ANY OTHER DEVICE

Section 4(1)(a) &(b), 17 ManualsSection-4(1)(a)= Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to under this act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated.

Section -4(1)(b)= Publish within one hundred and twenty days from the enactment of this Act:-

i) The particulars of its organisation, functions and duties.

ii) The power and duties of its officers and employees.

iii) The procedure followed in the decision making process, including channels of supervision and accountability.

iv) The norms set by it for the discharge of its functions.

v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions.

vi) A statement of the categories of documents that are held by it or under its control.

Contd .

vii) The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof.

Viii) A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public.

ix) A directory of its officers and employees.

x) The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations.

xi) The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made.

xii) The manner of execution of subsidy programes, including the amounts allocated and the details of beneficiaries of such programmes.

xiii) Particulars of recipients of concessions, permits or authorisations granted by it.

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Contd

xiv) Details in respect of the information, available to or held by it, reduced in an electronic form.

xv) The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use.

xvi) The names, designations and other particulars of the particulars of the Public Information officers.

xvii) Such other information as may be prescribed and thereafter update these publications every year.

Transfer RTI application under Section 6(3)(ii)

The public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer.

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

SECTION-7 of RTI ACT-2005

Provide the requisite information in any case within thirty(30) days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight(48) hours of the receipt of the request.

Section 7(8)(i)(ii) &(iii)Where a request has been rejected under sub-section(1), the Central Public Information Officer or State Public Information, as the case may be, shall communicate to the person making request:

i) The reasons for such rejection.

ii) The period within an appeal against such rejection may be preferred and

iii) The particulars of the appellate authority

Section -11, Third party Information 11. Third party information.—(1)

Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the

Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision

about disclosure of information:

The central Information Commission, Section-12The Central Government shall, by notification in the official Gazette, constitute a body to be known as the central information commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

1) The Central Information Commission shall consist of-

a) The Chief Information Commissioner and

b) Such number of central information commissioners, not exceeding ten, as may be deemed necessary.

2) The Chief Information Commissioner and Information commissioners shall be appointed by the President on the recommendation of a committee consisting of:-

i)The Prime Minister, who shall be the Chairperson of the committee

ii) The Leader of Opposition in the Lok Sabha and

iii) A union Cabinet Minister to be nominated by the Prime Minister.

The state Information Commission,(Section-15),

1) Every State Government shall, by notification in the official Gazette, constitute a body to be knows as ……..(name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

2) The State Information Commission shall consist of –

a) The state Chief Information Commissioner, and

b) Such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

3) The State Chief Information Commissioner and State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of-

i) The Chief Minister , who shall be the chairperson of the committee.

ii) The leader of Opposition in the Legislative Assembly, and

iii) A cabinet Minister to be nominated by the Chief Minister.

Complaint ,Section-18(1)

Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be to receive and INQUIRE INTO A COMPLAINT FROM ANY PERSON.a) Who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information officer or State Assistant Public Information officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information officer or Senior officer specified in subsection(1) of section19 or the Central Information Commission or the state Information Commission, as the case may be:-

Cont..

b) Who has been refused access to any information requested under this Act.

c) Who has not been given a response to a request for information or access to information within the time limit specified under this Act.

d) Who has been required to pay an amount of fee which he or she considers unreasonable.

e) Who believes that he or she has been given incomplete, misleading or false information under this Act and,

f) In respect of any other matter relating to requesting or obtaining access to records under this Act.

Appeal (Section 19(1)Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section(3) of Section 7, or is aggrieved by a decision of the central Public information officer or State Public Information Officer, as the case may be, may within thirty 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 Central Public Information Officer or State Public Information Officer as the case may be, in each public authority

Cont..

An appeal under sub-Section(1) or sub Section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding to total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

SECOND APPEAL:- A second appeal against the decision under sub-section(1) shall lie within ninety(90) days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

PARTICULAR OF ORGANIZATION, FUNCTIONS AND DUTIES (SECTION)4(1)(B)(I)AIMS AND OBJECTIVES OF ORGANISATION

The Head quarter of Education Department, Government of N.C.T. of Delhi, responsible for Education matters from Class I to XII, is located in Old Secretariat,

Delhi. The sub offices like Regional Directors and Deputy Directors Offices, and its various branch offices are located at various parts of Delhi.

The educational facilities are provided in stages i.e. pre-primary, primary, middle, secondary, senior secondary and university level. Pre-primary and primary

educations are mainly the responsibility of the local bodies. Middle, secondary and senior secondary education is primarily looked after by Directorate of Education,

Government of Delhi. Although pre-primary and primary education is mainly the responsibility of the local bodies, the Govt. of Delhi has converted its 326 schools into

composite schools now known as Sarvodaya Vidyalayas having classes from I to XII.. Apart from this a number of private are also engaged in imparting education at all

levels of schooling. These organizations are given grant-in-aid by Govt. of Delhi to meet the expenditure on education. Besides these, recognised unaided schools are also

being run in Delhi by registered trusts and societies.

Department of Education performs with the objective of making Delhi fully literate by imparting free education to all its children upto the senior secondary standard.

It helps in promoting all round personality development by providing the best education training and state of the art technology, including computer training, in an endeavor

to make better citizen.

MISSION

1. To cater to the educational needs of children by providing a common programme of education.

2. To pursue excellence and initiate and promote experimentation and innovations in education.

3. To develop the spirit of national integration

4. To facilitate Child centered education and facilitate learning and thinking for all round personality development of child.

5. To make Delhi fully literate.

6. Right to Education Act has come into force with effect from 1April 2010 to ensure compulsory Elementary Education up to the age of 14 year.

7. Sarva Shiksha Abhiyan (SSA) is a Flagship progarmme of Govt. of India to support the Formal School System so that all the children in the age group 6-14 years

have access to schooling remain in the school till they complete their Elementary Education, including the children with special needs and belonging to Minority and/

or Socially Disadvantaged groups.

8. Rashtriya Madhyamik Shiksha Abhiyan (RMSA), with the objectives to universalize Access to Secondary Education and to improve quality was launched in March

2009. The Secondary Education is a crucial stage which prepares the students to acquire and accomplish the fundamental concepts in various subjects which may

provide ad solid foundation to acquire higher learning skills. State’s vision is to make good quality Secondary Education available, accessible and affordable in the

age group of 14 to 18 years.

9. Right to Information Act 2005 has been implemented for the transparency of the functions and activities of the Directorate of Education as per the provision of RTI

BRIEF HISTORY AND BACKGROUND FOR ITS ESTABLISHMENT

Education holds the key to economic growth, social transformation, modernization and national integration.State commitment to the spread of knowledge and freedom of thought among its citizen is reflected in its constitution. The Directive Principle contained in Article 45enjoins that “the state shall endeavor to provide within a period of ten years from the commencement of the constitution, for free and compulsory education for all childrentill they complete the age of fourteen years. Though Education is in the concurrent list of the Constitution, a National policy on Education was formulated in 1986 andmodified in 1992, which aims to provide education of a comparable quality up to a given level to all students irrespective of their caste, creed residence or sex. It aims atpromotion of a national, a sense of common citizenship and composite culture and strengthening national integration. It lays stress on the need for a radical transformation ofthe education system to improve its quality at all stages and gives much greater attention to Science and Technology. All children are proposed to be provided free andcompulsory education up to 14 years of age. The Directorate of Education earnestly endeavors to implement the policy

ORGANISATION CHART OF DIRECTORATE OF EDUCATION

1)Principal Secretary of Education

2) Director of Education

3)Spl. Dir. Of Education (Fin)

Spl. Dir of Education(Act/Sectt.)

4)Addl. Dir. Of Education(Admn.)

-Addl. Dir. Of Education (School)

-Addl. Dir.Of Education (Sports)

5)State Project Director Director, SCERT

6)Regional Director (North)

-Regional Director (East)

-Regional Director (South)

-Regional Director(Central/West)

7)Deputy Directors(All Districts)

State Public Information officers

Designation

Assistant Director of Education (RTI Cell)/PIO(HQ)

Jurisdiction

Matter relating to Head Quarter, Patrachar, Science Branch, Sports Branch and issues other than those covered by respective Districts and Act-I, Act-II Branch.

1

Assistant Director of Education(ACT-I Branch)/PIO(ACT-I)

Assistant Director of Education (ACT-II Branch)/PIO(ACT-II)

Matter relating to unaided recognized Private Schools.

Matter relating to Govt. aided Schools

2 1) Deputy Director of Education/Public Information officer(East)

2) DDE/PIO(North)

3)DDE/PIO(North East)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in East District.

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north District.

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north east District

34) DDE/PIO(North West-A)

5 )DDE/PIO(North West-B)

6 )DDE/PIO(South)

7 )DDE/PIO(South West-A)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north west-A District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in north west-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South west-A District

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8) DDE/PIO(South West-B)

9) DDE/PIO(West-A)

10) DDE/PIO(West-B)

11 )DDE/PIO(Central/New Delhi)

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in South West-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in West-A District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in West-B District

Matter relating to Govt. School, Un-Aided Recognized Private schools and Zones/Branch in Central/ New Delhi District

All the Principal/Head of School are declared as Assistant Public Information Officer.

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First Appellate Authority

• Designation

1) Special Director of Education/First Appellate Authority(RTI)(HQ)

• Jurisdiction

1) All Appeals against information provided /pertaining to PIO(HQ)

2) All Appeals against Information provided/pertaining to PIO(Act-I)

3) All Appeals against Information provided/pertaining to PIO(Act-II)

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cont….• 2) Regional Director

of Education (North)

• 3) Regional Director of Education(South)

• All Appeals against Information provided/pertaining to PIO(North West-A) &(North West-B)

• All Appeals against Information provided/pertaining to PIO(South)& (South West A&B)

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Cont…• 4) Regional Director of

Education (East)

• 5) Regional Director of Education(West)

• 6) Regional Director of Education(Central/ND)

• All Appeals against Information provided/pertaining to PIO(East) & (North East)

• All Appeals against Information provided/pertaining to PIO( West-A&B)

• All Appeals against Information provided/pertaining to PIO(Central/ND)&North District

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The RTI Act 2005 - Processes

Application to be submitted in writing or electronically, with prescribed fee, to Public Information Officer (PIO).

Envisages PIO in each department/agency to receive requests and provide information. Assistant PIO at sub-district levels to receive applications/appeals/ complaints. Forward to appropriate PIO.These will be existing officers.

Information to be provided within 30 days; 48 hours where life or liberty is involved; 35 days where request is given to Asst. PIO, 40 days where third party is involved and 45 days for human rights violation information from listed security/ intelligence agencies under Schedule II.

No action on application for 30 days is a deemed refusal-sec 7(2).

No fee for delayed response-sec 7(6)

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What is not open to disclosure?

The following is exempted from disclosure [Sec.8] information, disclosure of which would prejudicially

affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence

information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

Contd.

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What is not open to disclosure?Contd

information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

information received in confidence from foreign GovernmentContd.

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What is not open to disclosure?Contd

information which would impede the process of investigation or apprehension or prosecution of offenders;

cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;

information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;

Notwithstanding any of these exemptions or the Official Secrets Act 1923, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests-Sec 8(2).

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RTI Act 2005-Exemptions contd. Infringes copyright, except of the state(S 9). Where practicable, part of record can be released. Intelligence and security agencies exempt (S 24)–

except cases of corruption and human rights violation Third party information to be released after giving

notice to third party Most exempt information to be released after 20 years

(with some exceptions). Provided that the information, which cannot be denied

to the Parliament or a State Legislature shall not be denied to any person.

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions (a to i), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.

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Central Information Commission:

What can I complain about? The Central Information Commission is an autonomous body set up to inquire into complaints received from citizens

You can complain that you have been refused access to information. You can also complain about how the public authority has handled your request, for instance;

+ failure to respond to your request within 30 working days (or failure to explain why an extension to the 45 days is needed)

+ failure to give you proper advice and help within the stipulated time

+ failure to give information in the form in which you asked for it

+ failure to properly explain reasons for refusing your request.

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RTI Act 2005 - Penalties

Penalties imposable by Information Commission on PIO or officer

asked to assist PIO For unreasonable delay – Rs 250 per day up to Rs

25,000 For illegitimate refusal to accept application, malafide

denial, knowingly providing false information, destruction of information, etc. – up to Rs. 25,000 fine

Recommendation for departmental action for persistent or serious violations

However, no criminal liability Immunity from legal action for action taken in good

faith (S. 21).

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RTI Act 2005 - Access Universal Access – especially to the Poor

Fee at a reasonable level – though quantum not specified. No fee for BPL.

Assistant Public Information Officers at sub-district levels to facilitate filing of applications/appeals

No need to specify reason for seeking information or personal details other than necessary for correspondence

Provision to reduce oral requests into writing Provision to provide all required assistance, including to

disabled persons. Information to be provided in local languages Compensation for damages-Sec 19(8)(b) Open only to citizens of India.(Sec 3)

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RTI Act 2005–Responsibilities of Public Authorities

Appointing PIOs/Asst. PIOs within 100 days of enactment [5(1)].

Maintaining, cataloguing, indexing, computerising and networking records [4(1)(a)].

Publishing within 120 days of enactment a whole set of information and updating it every year [4(1)(b)].

Publishing all relevant facts while formulating important policies or announcing the decisions which affect public [4(1)(c)].

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RTI Act 2005–Responsibilities of Public Authorities Contd..

Providing reasons for its administrative or quasi judicial decisions to affected persons [4(1)(d)].

Providing information suo moto [4(2)]-including internet.

Providing information to Information Commission [25(2)].

Raising awareness, educating and training [26(1)]

Compiling in 18 months and updating regularly local language guide to information [26(2) & (3)].

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Public Awareness and Educational Programmes

Sec 26 Develop and organize educational programmes to

advance the understanding of the public, particularly the disadvantaged, to exercise right to information.

Government to: Encourage public authorities to participate in

programmes; promote timely/ effective dissemination of accurate info on activities.

Train CPIOs and produce relevant training materials – user guide and related matter.

THE END

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Thank you for listening!

PRESENTED BY DIRECTORATE OF EDUCATION, DELHI