Upload
raman-sharma
View
217
Download
0
Embed Size (px)
Citation preview
JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009
Important features of of RTI Act with section
Presented by: RAMAN SHARMAرمن شرما
रमन शम�� 1Raman Sharma : [email protected]
The Act
There are total 28 sections in Jammu and Kashmir Right To
Information Act 2009
2Raman Sharma : [email protected]
The Rules
There are only 13 provisions in Jammu and Kashmir Right To
Information Rules, 2012
3Raman Sharma : [email protected]
Latest ammended on 30th Aug/2012 vide SRO No. 279
Amendments in the Rules
The Rules have been amended Twice since 2009
4Raman Sharma : [email protected]
Latest ammended on 30th Aug/2012 vide SRO No. 279
No Amendments in the Act
Since Inception of the J & K RTI Act 2009, so far no amendment
is made in the Parent Act
5Raman Sharma : [email protected]
The Right to information Act is Enacted by Jammu and Kashmir
State legislature Vide Act No. VIII of 2009 dated 20th March 2009.
6Raman Sharma : [email protected]
Know Officials Secret Act 1923 ?
RTI Act Overrides Officials Secret Act 1923
7Raman Sharma : [email protected]
J & K RTI extends to the whole of Jammu and Kashmir and it has come
into force at once.
Section 1(2,3)
8Raman Sharma : [email protected]
J & K RTI Act 2009 is even applicable to the Central government
Department falling under the territorial Jurisdiction of J & K State.
As per J&K SCIC’s Direction; Order No: SIC-J-15-09/2011/21
dated 05/04/201229Raman Sharma : [email protected]
The Central RTI Act 2005 is not Applicable to the offices, department
under the authority of J & K Govt.
10Raman Sharma : [email protected]
Though RTI Act 2005 is applicable to the Central Govt Departments situated in the Territorial Jurisdiction of J & K State
Eligibility to seek informationunder J & K RTI Act 2009
Every person residing in the state has the right to information..
Section 3 of JK RTI Act
11Raman Sharma : [email protected]
Eligibility to seek informationunder RTI Act 2005
All Citizens Shall have the Right to Information
Section 3/ Central RTI Act
12Raman Sharma : [email protected]
Eligibility to seek information
Every person residing in the state has the right to information, irrespective of his, her gender, age, profession,
job…e.tc
Even a govt. employee can seek information from his department or
any other departmentSection 3
13Raman Sharma : [email protected]
INFORMATION MEANS: Any material in any form including
Records, Documents, Memos, E-Mails, Opinions, Advices, Press Releases,
Circulars, Orders, Logbooks, Contracts…. ..
Section 3
14Raman Sharma : [email protected]
INFORMATION MEANS: … 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 3
15Raman Sharma : [email protected]
INFORMATION MEANS: … 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 3
16Raman Sharma : [email protected]
Public Authorities Public Authorities : Any
Authority/Body or Institution of Self Govt constituted by Constitution of
India/J&Kor by any Law of Parliament or JK
Legislature, or body owned/controlled by Govt, even NGO that are substantially
Financed, directly or indirectlySec 2-f
17Raman Sharma : [email protected]
Public Information Officer:The Public Information officer is
officer designated by a Public Authority to provide Information to an applicant, Every Public Authority shall
designate as many PIOs in an administrative department or office as
necessary to provide informationSection 5 (1)
18Raman Sharma : [email protected]
Role and Responsibility of PIOThe officer i.e Public Information
officer can not say no to receive RTI Application in fact he has to render all
reasonable assistance to the applicant. Section 6 (1)
19Raman Sharma : [email protected]
The PIO cannot reject an RTI application without citing the valid
exemption clauses and that too the rejection order is to be given
in writing
. Section 7(1)
20Raman Sharma : [email protected]
An RTI application can be in English, Urdu or Hindi Language, it
can be typed/handwritten.
Section 6(1)
21Raman Sharma : [email protected]
Application procedure and language
An RTI applicant can submit his application through post/self or
even via electronic means.
Section 6(1)
22Raman Sharma : [email protected]
How to Submit RTI application
PIO has to Accept RTI application even if it is not related to his
department.
Section 6(3)
23Raman Sharma : [email protected]
PIO must be attentive and careful
PIO cannot ask the applicant any personal question, like his
intention or motive for seeking information, his job, family etc.
Section 6(2)
24Raman Sharma : [email protected]
Protection to Applicant
Accept the initial RTI fees of Rs. 10/-* in shape of Indian Postal Order, Demand Draft, Bankers
Cheque or Cash receipt
Rule 3 of J & K RTI Rules 2012
25Raman Sharma : [email protected]
Prescribed Fees and modes
No fees to be charged from the person belonging to BPL category.
Section 7(5)
26Raman Sharma : [email protected]
PIO has to Intimate the applicant for additional fees for supplying the
information along with the calculations, his right to review decision and particulars of the
appellate authority.
Section 7,3(a,b)
27Raman Sharma : [email protected]
Provide Information within 30 days but related to life and liberty within
48 hours.
Section, 7(1)
28Raman Sharma : [email protected]
No fees can be charged from the applicant where the information is not
provided within 30 days.
Section 7(6)
29Raman Sharma : [email protected]
Provide the Information to the applicant in the format in which it is
sought.
Section 7(9)
30Raman Sharma : [email protected]
Failure in providing or silence on any RTI application more than 30 days
shall be deemed as refusal.
Section 7(2)
31Raman Sharma : [email protected]
Privilege The Information which cannot be
denied to the Parliament or the State Legislature shall not be denied to any
person.
Section, 8(i)
32Raman Sharma : [email protected]
ExemptionsCertain kind of information
cannot be provided under RTI Act
Section, 8(i)
33Raman Sharma : [email protected]
Exempt information:
Affecting sovereignty, integrity, security, strategic, scientific or economic, or other interests of the State,
Relation with foreign state or leading to incitement of an offence;
Section, 8 34Raman Sharma : [email protected]
Exempt information:
Forbidden by courts;
Affecting privilege of Parliament or Legislature;
Section, 8 35Raman Sharma : [email protected]
Exempt information:
Commercial confidence, trade secrets or intellectual property, unless larger public interest so warrants;received in confidence from foreign government;
Section, 8 36Raman Sharma : [email protected]
Exempt information:
Endangers life or physical safety or identifies confidential source of information or assistance Impedes the process of investigation or apprehension
Section, 8 37Raman Sharma : [email protected]
Exempt information:
cabinet papers, till after the decision has been taken, and the matter is complete, or over:
Personal information which would cause invasion of the privacy unless larger public interest justifies it.
Section, 8 38Raman Sharma : [email protected]
After 20 Years…..Most exempt information released after 20 years. Notwithstanding anything a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.
39Raman Sharma : [email protected]
Certain Organizations, departments are kept out of the ambit of RTI
In J & K State only CID is kept out
under section 21
40Raman Sharma : [email protected]
An RTI applicant has the right to inspection of work, documents,
records, he can take notes, extracts or certified copies of documents, can
also take certified samples.
Section 2, i(I,II,III)
41Raman Sharma : [email protected]
An RTI applicant can obtain
information in the form of diskettes, floppies, tapes, videos cassettes or in
any other electronic or through printout.
Section 2,I (IV)
42Raman Sharma : [email protected]
The PIO may seek assistance of any
other officers, if he considers it necessary for furnishing the
Information.
Section 5(4)
43Raman Sharma : [email protected]
The officer, who assistance is sought
by the PIO is under obligation to render assistance and he shall also be
treated as PIO
Section 5(4) & Section 17
44Raman Sharma : [email protected]
Protection of action taken in good faith.-No suit, prosecution or other
legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act or any rule made there
under.
Section 18
45Raman Sharma : [email protected]
Bar of Jurisdiction of Courts: Section 20 of the Act provides that no court shall entertain any
suit, application orother proceeding in respect of any order made
under the Act and no such order shallbe called in question otherwise than by way of
an appeal under the Act
Section 20
46Raman Sharma : [email protected]
IF PIO provides Incorrect, incomplete and misleading information then he
may attract penalty up to Rs. 25000/- besides disciplinary action under
service rules
Section 17(1)
47Raman Sharma : [email protected]
First Appellate Authority
First Appeal before the Senior officer of the PIO within 30 days
Section 16(1)*However, the officer may condone the time
48Raman Sharma : [email protected]
Time Limit for 1st Appeal
First Appeal to be decided only by the Senior officer and not by the PIO
himself, it is to be decided within 30 days and maximum 45 days
Section 16(7)*In cases of45 days , the reason to be recorded in writing
49Raman Sharma : [email protected]
2nd Appeal before the State
Information Commission within 90 days
Section 16(4)*The Commission has condone the time, if satisfied with delay
50Raman Sharma : [email protected]
2nd Appeal to be decided by
Information Commissioner or Bench and it is to be decided within 60 days
or maximum 120 days
Section 16(11)*In cases of 120 days , the reason to be recorded in writing
51Raman Sharma : [email protected]
RTI Act have overriding effect, the provisions of the Act shall have effect notwithstanding anything inconsistent
therewith contained in the State Official Secrets Act, Samvat 1977 and
any other law for the time being in force
Section 1952Raman Sharma : [email protected]
RTI Act shall supersede
The Most Important Section or we may soul of the Act is section 4.
This section if implemented properly it can reduce the burden of the PIO and
minimize the number of RTI application
This section 4 is to be complied by the Public Authority
53Raman Sharma : [email protected]
Secton 4 of J & K RTI Act is further divided into different sub-sections
and there are around 17 main points in this section.
Pro-Active Disclosure under the J&K Right to Information Act,2009
54Raman Sharma : [email protected]
Particulars of Organization, Functions and Duties
Section 4 (1) (b) (i)
55Raman Sharma : [email protected]
The procedure followed in the decision making process, including channels of supervision &
accountability
Section 4 (1) (b) (iii)
56Raman Sharma : [email protected]
The Norms set by it for the discharge of its functions
Section 4 (1) (b) (iv)
57Raman Sharma : [email protected]
The Rules, Regulations, Instruction manuals & Records, held by it or under its control or used by its employees for discharging
its functions
Section 4 (1) (b) (v)
58Raman Sharma : [email protected]
Statement of categories of documents that are held by it or under its control
Section 4 (1) (b) (vi)
59Raman Sharma : [email protected]
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
Section 4 (1) (b) (vii)
60Raman Sharma : [email protected]
A statement of the Boards, Councils, Committees & other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice, & as to whether meetings of those boards, councils,
committees & other bodies are open to the public, or the minutes of such meetings are accessible for public
Section 4 (1) (b) (viii)
61Raman Sharma : [email protected]
Directory of Officers & Employees of the department
Section 4 (1) (b) (ix)
62Raman Sharma : [email protected]
The Monthly remuneration received by each of its Officers and Employees,
including the system of compensation as provided in its regulations.
Section 4 (1) (b) (x)
63Raman Sharma : [email protected]
The Budget allocated to each of its agency, indicating the particular of all Plans, proposed
Expenditures & Reports on Disbursements made
Section 4 (1) (b) (xi)
64Raman Sharma : [email protected]
The manner of execution of Subsidy programmes, including the amounts allocated & the details of
beneficiaries of such programmes
Section 4 (1) (b) (xii)
65Raman Sharma : [email protected]
Particulars of recipients of concessions, permits or
authorizations granted by it
Section 4 (1) (b) (xiii)
66Raman Sharma : [email protected]
Details in respect of the information available to or held by it, reduced in an Electronic form.
Section 4 (1) (b) (xiv)
67Raman Sharma : [email protected]
Particulars of facilities available to citizens for obtaining information, including the working
hours of a Library or Reading room, if maintained for Public use.
Section 4 (1) (b) (xv)
68Raman Sharma : [email protected]
Appellate Authority & Public Information Officer of the department.
Section 4 (1) (b) (xvi)
69Raman Sharma : [email protected]
Such Other Information as may be prescribed
Section 4 (1) (b) (xvii)
70Raman Sharma : [email protected]
Commission office:Jammu: Wazarat Road, Near DC
Jammu’s OfficeKashmir: Old Assembly Complex,
Srinagar.
Tel Jammu: 0191-2520927, 2520947Tel Srinagar: 0194-2484257
71Raman Sharma : [email protected]
CIC and IC’s
72Raman Sharma : [email protected]
IMPORTANT WEBLINKS
WWW.JKGAD.NIC.IN
WWW.JKSIC.NIC.IN WWW.CIC.GOV.INJKRTIACT.BLOGSPOT.IN
73Raman Sharma : [email protected]
Thank you, for the patience !
Feedback [@] [email protected]: 97968--11012
74Raman Sharma : [email protected]