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March 11, 2013 Avinash Murkute | Pune | M: 9822698070 1

Welcome to TrainingSession on

THE RIGHT TOTHE RIGHT TO

INFORMATION (RTI) ACTINFORMATION (RTI) ACT20052005

AVINASH MURKUTE

Faculty, RTI Worker and Freelance Writer


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It is said that power corrupts but actually its more truethat power attracts the corruptible.

No law or ordinance is mightier than understanding.

If we understand everything, we must be misinformed.

Let us go to learning mode and be a student again.

Kindly Put Mobiles onSilent Mode


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The RTI Act 2005: Why-n-What

An Act to provide for setting out the practical regime ofRight to Information for citizens to secure access toinformation under the control of public authorities, in

order to promote transparency and accountability in theworking of every public authority, the constitution of aCentral Information Commission and State InformationCommissions and for matters connected therewith orincidental thereto.


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The RTI Act 2005: When-n-Where

This Act may be called the Right to Information Act,2005.

The RTI act 2005 was enacted by permission and

authority of His Excellency, President of India. This actwas enacted by the Parliament on 15.06.2005 andnotified in the Gazette of India dated 21.06.2005.

It extends to the whole of India except the State of

Jammu and Kashmir.


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The RTI Act 2005: Who

Who can exercise his / her right under The RTI Act2005?

The answer is:

Subject to the provisions of this Act, all citizens shallhave the right to information.


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The RTI Act 2005:Definitions

What is Information?What is Information?

Information means any material in any form, includingrecords, documents, memos, e-mails, opinions,

advices, press releases, circulars, orders, logbooks,contracts, reports, papers, samples, models, datamaterial held in any electronic form and informationrelating to any private body which can be accessed by apublic authority under any other law for the time being

in force.


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What is Record?What is Record?

Record includesAny document, manuscript and file

Any microfilm, microfiche and facsimile copy of adocumentAny reproduction of image or images embodied in suchmicrofilm (whether enlarged or not); andAny other material produced by a computer or any

other device


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Who is Public Authority?Who is Public Authority?It is any authority or body or institution of self governmentIt is any authority or body or institution of self government

established or constituted.established or constituted.

By or under the Constitution

By any other law made by Parliament By any other law made by State Legislature By notification issued or order made by the

appropriate Government, and includes any-bodyowned, controlled or substantially financed, non-

Government organization substantially financed,directly or indirectly by funds provided by the Govt.


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The RTI Act 2005: How

How To Request Information?How To Request Information?

A person, who desires to obtain any information underthis Act, shall make a request in writing or through

electronic means in English or Hindi or in the officiallanguage of the area in which the application is beingmade, accompanying such fee as may be prescribed, topublic authority by providing contact details.

Click to check Sample Application
http://var/www/apps/conversion/tmp/scratch_6/E:/G4U/TRAININGS/RTC/RTI_Presentation/Sample_Application.dochttp://var/www/apps/conversion/tmp/scratch_6/E:/G4U/TRAININGS/RTC/RTI_Presentation/Sample_Application.doc


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The RTI Act 2005: Fee

Is There Any Fee To Seek Information?Is There Any Fee To Seek Information?

FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION

In case of central govt. departments, INR 10.00 by

way of cash under proper receipt, demand draft,bankers cheque, Indian postal order, money order orcash deposited at designated post offices.

In case of state govt. departments, particularly inMaharashtra state, INR 10.00 by way of cash under

proper receipt, demand draft, bankers cheque,money order or court fee stamp.


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The RTI Act 2005: Process

How Is Your Application Dealt?How Is Your Application Dealt?

Public Information Officer (PIO) on receipt of a

request, as expeditiously as possible, and in any casewithin thirty (30) days of the receipt of the request,either provide the information on payment of suchfee as may be prescribed or reject the request forany of the reasons specified like security, copyright,

commercials, etc.


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The RTI Act 2005: Cost

Does Information comes at a cost?Does Information comes at a cost?

Oh yes, because nothing is free.

A4 or A3 size paper Rs 2 for each page plus

postage

Fixed price materials At printed cost plus

postage

Diskette or Floppy or CD Rs. 50 plus postage

Inspection cost Free for first hour


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The RTI Act 2005:Machinery & Hierarchies

APIO Assistant Public Information Officer

PIO Public Information Officer

AA Appellate Authority

IC Information Commissioner

SIC State Information Commissioner

CIC Central Information CommissionerDOPT Department of Personnel & Training

You must know below terms well!You must know below terms well!


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The RTI Act 2005:Machinery & Hierarchies

Important offices for Ready Reference!Important offices for Ready Reference!

Shri Wajahat Habibullah - Chief Information CommissionerCentral Information CommissionBlock No. IV, 5th Floor, Old JNU Campus,

New Delhi 110 067 Tel: (011) 26717352, 26717355Shri Suresh Joshi - State Chief Information CommissionerMaharashtra Information Commission13th Floor, New Administration Building,Opp. Mantralaya, Mumbai 400 032 Tel: (022) 22856078

Shri Vijay Kuwalekar - Information CommissionerPune Division, New Administrative Building (Near Council Hall)Camp, Pune 411 001


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The RTI Act 2005: Appeals

What if you dont get information requested?What if you dont get information requested?

If you dont get proper response or requestedinformation from public authority or from its pubic

information officer within 30 calendar days, you canfile complaint with Information Commission or file anappeal with first appellate authority.

Similarly, you can file complaint or appeal (as above)

for late response or for demand of cost of informationwhich is unreasonable.

The RTI Act 2005: First


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The RTI Act 2005: FirstAppeal

Where and how to file first appeal?Where and how to file first appeal?

You will have to move an appeal application alongwith the prescribed appeal fee. In Maharashtra, it iscourt fee stamp of INR 20/-. In Central Government

offices, there is no fee. First appellate authority is theofficer senior to public information officer. On receiptof your appeal, this appellate authority will call anexplanation from PIO, might invite you to hear youand will pass an reasonable order within 30-45 days.

Click to check Sample Appeal

The RTI Act 2005: Second
http://var/www/apps/conversion/tmp/scratch_6/E:/G4U/TRAININGS/RTC/RTI_Presentation/Sample_Appeal.dochttp://var/www/apps/conversion/tmp/scratch_6/E:/G4U/TRAININGS/RTC/RTI_Presentation/Sample_Appeal.doc


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The RTI Act 2005: SecondAppeal

Where and how to file Second appeal?Where and how to file Second appeal?

If you are not satisfied with response of publicinformation officer and order passed on your appealby first appellate authority of particular public

authority, you can file second appeal with StateInformation Commissioner or Central InformationCommissioner, as the case may be.

There is no prescribed time limit for getting response

or order at this level. Too many cases are piled upwith these offices.

The RTI Act 2005: Imp


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The RTI Act 2005: Imp.Sections

The RTI Act has more than 30 sections and itsThe RTI Act has more than 30 sections and itssubsections. In order to get response everysubsections. In order to get response every

time, one must study all sections andtime, one must study all sections and

amendments in the act from time to time.amendments in the act from time to time.

Section 3:All citizens have the rightSection 4:Proactive disclosures by authoritiesSection 6:Request for obtaining informationSection 7:How your requests will be treatedSection 8:Exemptions

Section 19 (1): First appealSection 19 (3): Second appealSection 20:Penalties and Disciplinary actions


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Section 4: Obligation of PA

Every PA shall maintain all its records dulycatalogued and indexed in a manner and theform which facilitates the right to informationunder this act and ensure that all the records

that are appropriate to be computerized are,within a reasonable time and subject toavailability of resources, computerized andconnected through a network all over the

country on different systems so that access tosuch records is facilitated.

Section 4: Publish within


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Section 4: Publish within120 days

1) Particulars of organization, function and duties2) The powers and duties of its officers and employees

3) The procedure followed in the decision makingprocess, including channels of supervision and

accountability4) The norms set by it for the discharge of its functions

5) The rules, regulations, instructions, manuals, andrecords, held by it or under its control or used by itsemployees for discharging it functions

6) A statement of categories of documents that areheld by it or under its control



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7. The particulars of any arrangement that exists forconsultation with, or representation by, themembers of the public in relation to the formulationof its policy or implementation thereof.

8. A statement of the boards, councils, committees andother bodies consisting of two or more personsconstituted as its part or for the purpose of itsadvice, and as to whether meetings of those boards,councils, committees and other bodies are open to

the public or the minutes of such meetings areaccessible for public

9. A directory of its officers and employees



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10. The monthly remuneration received by each of itsofficers and employees, including the system ofcompensation as provided in its regulations

11. The budget allocated to each of its agency, indicatingthe particulars of all plans, proposed expenditures,and reports on disbursements made

12. The manner of execution of subsidy programsincluding the amounts allocated and the details ofbeneficiaries of such programs.

13. Particulars of recipients of concessions, permits orauthorization granted by it.



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14. Details in respect of the information, available to orheld by it, reduced in an electronic form

15. The particulars of facilities available to citizens forobtaining information, including the working hours ofa library room, if maintained for public use.

16. The names, designations and other particulars of thePublic Information Officers

17. Such other information as may be prescribed; andthereafter update this publication every year.

Section 8: Exempted


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Section 8: ExemptedOrganizations

IB, RAW of the Cabinet Secretariat DRI, Central Economic Intelligence Bureau

Directorate of Enforcement

Narcotic Control Bureau

Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG,

Assam Rifles, Special Service Bureau

Special Branch (CID) Andaman & Nikobar

The Crime Branch (CID-CB) Dadra and Nagar Haveli Special Branch, Lakshadweep Police

Information can not be


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Information can not beshared

Sovereignty and Integrity Of India Prevented by courts

Breach of privilege of Parliament

Trade secret, Intellectual property

Fiduciary relationship Info received from foreign Government

Life and physical safety of any person

Issues under investigation

Cabinet papers Invasion in privacy


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Q&A - Contact

Doubt is the key to knowledge.

Avinash MurkuteAvinash Murkute

Galaxy4u, Bavdhan Budruk, Pune 411 021 IndiaMobile: +91-9822698070E-mail: [email protected]

Web: www.galaxy4u.in

------------------------------------------------------------Please refer the official publication, The Gazette of India, for all meanings, discrepancies, etc.

Same is available at any Government Press. This presentation and illustrations is just an

introduction to The RTI act 2005 for training and awareness purposes only.

Documents

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