As a tool to improve Transparency in public affairs

Right to information act

Presented By:SONY KURIAKOSE

Evolution of RTI ActFreedom of Information Act (FOI Act)

2002

National Campaign for People’s Right to Information (NCPRI) submitted their recommendations

August 2004

Right to Information Bill tabled in the parliament by the government

December 2004

Loksabha passed the bill 11th May 2005

Successfully moved through Rajyasabha

12th May 2005

Passed by the Parliament 15th June 2005

Became operational 12th October 2005

Objectives RTI1. To provide for setting out the practical regime of right to information under the control of public authorities for citizens of the country. 2. To promote transparency and accountability in the working of every public authority and thereby improve the efficiency of government functions.3. The constitution of a Central Information Commission. 4. The constitution of State Information Commissions5. To remove corruption in the public institutions through informed citizenry and increased transparency.

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Logo• A very simple and iconic logo. • A sheet of paper with information on it,

and the authority figure behind it – providing the information.

• This represents the two key stakeholders in the process of sharing information under the RTI Act.

• The lines of information on the sheet of paper are rendered in a manner that makes it look transparent, showing through the form of ‘i’ from behind.

• The solid form of ‘i’ is a very simplistic portrayal of the human form and can also be related to the ‘i’ for information.

• The bright blue color stands for transparency and purity (free from malpractices) of process.

MODULE DIVISION

WHAT IS RTI?

What Does Information mean? Section 2(f)

Any material held in any form including :-• Records• Documents• Memos• Opinions & advices• Press releases• Circulars, orders & logbooks• Contracts• Reports, papers, samples & models• Any data in electronic form• Information relating to any private body which can be

accessed by a public authority.

What does Right to Information mean?- RTI held by or under the control of-------

RTI cost

Application procedure for requesting information -Section 6 (1)

• Apply in writing or through electronic mode • It may be 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 may be prescribed (if not belonging to the below

poverty line category).• If further fees required, it must be intimated to the information

seeker showing the calculation.• Applicant can seek review of the decision by applying to Appellate

Authority by paying the prescribed fees.

How to write and send an application?

• 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.

• 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

Disposal of an application- Time limit (7(1)

• Authority- Time Limit• Public Information officer- 30 days• Assistant Public Information officer- 35 days• PIO transfers to another public authority(Authority better concerned)- 30

days from the day it is received by the PIO of the transferee authority• If related to Human Rights violation in Security agencies- 45 days with the

prior approval of CIC• If life or liberty of a person is involved- 48 hours

Third Party

Appeal

Appeal

Complaint

Exemptions 8 (1)

Grounds for rejection

Penalty - Sec 20 (1)

Information Commissions Central Information Commission State Information Commission

1. It consists of chief information commissioner and ten central information commissioners.

It consists of State chief information commissioner and ten state information commissioners.

1. Chief information commissioner is appointed by the President on the recommendation of a committee consisting of Prime Minister (chairperson), Leader of Opposition in Loksabha and union Cabinet Minister nominated by the Prime Minister

State Chief information commissioner is appointed by the Governor on the recommendation of a committee consisting of Chief Minister (chairperson), Leader of Opposition in Legislative Assembly and union Cabinet Minister nominated by the Chief Minister

1. Chief information commissioner and members shall be persons of eminence in public life with knowledge in Law, Management, Journalism, Administration and Governance

State Chief information commissioner and members shall be persons of eminence in public life with knowledge in Law, Management, Journalism, Administration and Governance

Information Commissions Central Information Commission State Information Commission

1. Chief information commissioner shall not be a Member of Parliament or Legislative Assembly.

State Chief information commissioner shall not be a Member of Parliament or Legislative Assembly.

1. It is headquartered at Delhi It is decided by the state government

1. Chief information commissioner shall hold the office for 5 years or till he attains the age of 65 whichever is earlier and no re-appointment is made.

State Chief information commissioner shall hold the office for 5 years or till he attains the age of 65 whichever is earlier and no re-appointment is made.

1. Chief information commissioner can be removed by the order of the President due to misbehavior, insolvency, paid employment outside etc.

Chief information commissioner can be removed by the order of the Governor due to misbehavior, insolvency, paid employment outside etc.

Definitions

Definitions

Definitions

Success Story of RTI• Pollution Factory Shutdown

PollPollution Factory Shutdown (Contnd)

Factory Shutdown (Contd..)