Right To InformationRight To Information

PRESENTED BY:MANJINDER(1419)MANPREET(1420)

ASHIMA(1424)JASMEET(1425)

“An Act to provide for setting out the practical regime of right to information for 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 ”

Contents:Contents:

1) Meaning2) Background3) RTI Act,20054) Objectives5) Steps in filing RTI6) Request for information7) Important section under RTI act 8) RTI and Public Time Bound9) RTI Online10) Case study11) Conclusion

BackgroundBackground “Jan Sunvai” started in Rajasthan, Bhim, Tehsil in

1994. Press counsil prepared the draft in 1996. Introduced in various states legilature from 1995-

2001. RTI Act was introduced in Maharashtra and eight

other states in 2002. Central RTI Act was introduced all over

India(except Jammu and Kashmir) on 12 October 2005.

Currently RTI Act is applicable all over India(including Jammu and Kashmir) in 2009.

RTI Act is guaranteed under Article 19(1)(a) of the Indian Constitution (Freedom of expression).

Right To Information Act,2005Right To Information Act,2005

Right to InformatioAct,2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI  Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs   etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments.

Particulars to be publishedParticulars to be publishedParticulars ,function and duties of

Organization .Powers ,Duties OF officers & Employees.Procedure followed in decision making

including Channels of supervision.Norms set For Discharge of functions.Rules ,Regulation ,instruction manuals ,

records used.Statements of categories of document

held.

ObjectiveObjective  To setup the practical regime  To secure access to information under the control of public

authorities To promote transparency and accountability in the working

of every public authority  The constitution of a Central Information Commission and

State Information Commissions Matters connected to Public Authority or incidental thereto To bring the citizen at par with the members of parliment

and members of legislature.

Application form of RTIApplication form of RTIRTI application

forms are available in almost all the languages.

Steps in filing an RTISteps in filing an RTIConsider your problem and frame your question.Draft and submit your application to PIO and

obtain the acknowledgement slip.PIO has 30 days to accept or reject your

application.PIO to notify in the writing of additional fees if

required, the details of Appellate Authority and relevant forms to make an appeal.

PIO provides the required information.Appeal if either you are not satisfied with the

information or the information is not provided within the time limits.

Request for InformationRequest for Information

Will be made to PIO.To be in writing /electronic means ( if it can’t be

in writing , PTO will assists to reduce oral request to writing

In Hindi ,English, Official Language of the areaAccompanied by prescribed fee.No reason requiredNo personal details required except for contactingTo be transferred to another public authority if

pertain to them (in 5 days ) ->applicant to be informed

Fees

Information should be free of cost or at prescribed cost of medium printout No fees are to be taken from those below the poverty lineIf additional fees (cost of providing info) are required PIO has to give calculation to information seeker and details of appeal rightsIf time limits passed ,info to be given frees

RTI FOR WHOMRTI FOR WHOMRIGHT TO KNOW RIGHT TO KNOW

Before dwelling on the RTI Act,2005,mention should be made that, the supreme court read into article 21 the right to know. The supreme court held that right to know is a necessary ingredient of participatory democracy. In view of transnational development when distances are shrinking international communities are coming together for cooperation in various spheres

And they are moving towards a global perspective in various fields including human rights ,the expression “liberty” must receive an expanded meaning. The expression cannot be limited to mere absence of bodily restraint. It is wide enough to expand to full range of rights including right to hold a particular opinion and right to sustain and nurture that opinion. For sustaining and nurturing that opinion it become necessary to receive information.

Article 21 confers on all persons a right to know which include a right to receive information.

Thus a citizen has a right to receive information and that right is derived from the concept of freedom of speech and expression comprised in article 19(1) (a).

Jurisdiction of RTI Act- 2005 Section-1(2): It extends to the whole of India except the State of Jammu and Kashmir. Section- 2 (a): "Appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly: (i) By the Central Government or the Union territory administration, the Central Government; (ii) By the State Government, the State Government. Section- 2 (c):"Central Public Information Officer" means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5.

Section- 2 (e): "Competent Authority" means: (i) The Speaker in the case of the House of the People or

the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;

(ii) The Chief Justice of India in the case of the Supreme Court;

(iii) The Chief Justice of the High Court in the case of a High Court;

(iv) The President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;

(v) The administrator appointed under article 239 of the Constitution;

Section- 2 (h): "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

It also includes any: (i) Body owned, controlled or substantially financed; (ii) Non-Government Organisation substantially finance

directly or indirectly by funds provided by the appropriate Government.

Responsibilities of Public Authority

Section- 4(1) (a): Every Public Authority shall 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 computerised are, within a reasonable time and subject to the availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated.

PIO (Public Information system)

Every public authority has to – Designate in all administrative units or offices central or

state public information officers to provide information to persons who have made a request for the information.

Designate at each sub-divisional level or sub-district level central assistant or state assistant public information officer to receive the application for information or appeals for forwarding the same to central or state public information officers.

Function of PIOFunction of PIODeal with requests for information Offer reasonable assistance to applicantProvide access enabling assistance to sensorily

disabledSeek assistance from any other officer as

considered necessaryFor the purpose of contravention of this act such

other officer will be treated as PIO

Responsibilities of Public Information Officer

Section- 5 (3): Every Central Public Information Officer or State Public

Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

Section- 2 (f): "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 (i): "Record" includes: (a) Any document, manuscript and file; (b) Any microfilm, microfiche and facsimile copy of a

document; (c) Any reproduction of image or images embodied in such

microfilm (whether enlarged or not); and (d) Any other material produced by a computer or any other

device.

Section- 2(j): "Right to Information" means the right to information

accessible under this Act which is held by or under the control of any public authority and includes the right to:

(i) Inspection of work, Documents, Records; (ii) Taking notes, Extracts or Certified copies of documents

or records; (iii) Taking certified samples of material; (iv) Obtaining information in the form of Diskettes, Floppies,

Tapes, Video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

Section- 2(n): "Third Party" means a person other than the citizen making a request for information and includes a Public Authority.

Cause of Information Section- 6 (2): An applicant making request for information shall not be

required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him/her.

Transfer of Application to another Public Authority

Section- 6 (3): Where an application is made to a Public Authority

requesting for information: (i) Which is held by another public authority; or (ii) The subject matter of which is more closely connected

with the functions of another Public Authority

RTI and Time Bound: RTI and Time Bound: Accountability how far ?Accountability how far ?1. 30 days from the date of application.2. 48 hours for information concerning the life or liberty of a

person.3. 5 days shall be added to the above response time, in case

the application for information is given to Assistant Public Information Officer (35 days).

4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).  

5. Failure to provide information within the specified period is a deemed refusal.

6. If further fee required , period between dispatch of request and deposit of fees will not count.

HOW TO DISPOSE ?HOW TO DISPOSE ?

Give the information right away (same 30 days procedure). Give on payment of further fees. Transfer to another Public Authority. Refuse with reason (as per exemptions in the acts ).

Status of receipt and disposal of RTI applications in the Department  is checked at the end of every month as: (https://rtionline.gov.in)

No. of cases Received during the Month. No. of cases disposed off during the Month. Balance carried over to next month.

CASES OF REJECTIONCASES OF REJECTION  Application be sent back because it does not mention a

"purpose“ Rejected outright :

If the PIO decides that the information you have requested is covered by an exemption, then your application will be rejected. 

Partial disclosure  This might happen where some of the information in the

documents you requested is sensitive and falls under an exemption.

If it infringes copyright of any person other than the State. (S.9)

Role played by stakeholders and Role played by stakeholders and Information CommissionersInformation Commissioners

Central Government- Chief Information Commissioner

State Government - State Chief Information Commissioner

Public Information Officers(PIOs) and Assistant Public Information Officers(APOIs)

MediaCivil Society

Central Information CommissionCentral Information Commission

The CIC is to be constituted by the central government through a gazette notification. The CIC includes one Chief Central Information Commissioner and not more than 10 Information Commissioners.

CIC shall be appointed for a term of 5yrs.They file the complaints and appeals from use of

the RTI.They are appointed by the President of India.

STATE INFORMATION COMMISSIONSTATE INFORMATION COMMISSION

The SIC will be constituted by the state government through gazette notification. The SIS consists of one State Chief Information Commissioner and not more than 10 State Information Commissioner.

SIC shall also be appointed for 5yr. They are appointed by the Governor.

CICs and SICs, both are headed by Chief Ministers of their States.

Powers of ICsPowers of ICs Receive Complaints regarding: 1. No PIO appointed. 2. PIO refused to accept application. 3. Refuses access to information. 4. Time limit Expired. 5. Information is incomplete or false. 6. Any other matter of RTI.

Can initiate inquiry. Has powers of Civil Court. Appeal to IC is 2nd appeal ,in 90 days. Onus on PIO TO PROVE refusal was Justified.

Time limit for the supply of information Section- 7 (1): Subject to the proviso to sub-section (2) of section 5 or the

proviso to sub- section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, and in any case within 30 (Thirty) 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 specified in section 8.

Charges for Information Section- 7 (5): Where access to information is to be provided in the printed or in

any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

Reason to rejection Section- 7 (8): Where a request has been rejected under sub-section (1) of

Section- 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,

(i) The reasons for such rejection; (ii) The period within which an appeal against such rejection

may be preferred; and (iii) The particulars of the Appellate Authority.

Role of Central/State Information Commission 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, 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 (First Appellate Authority) specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.

• Who has been refused access to any information requested under this Act;

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

•  Who has been required to pay an amount of fee which he or she considers unreasonable;

• Who believes that he or she has been given incomplete, misleading or false information under this Act.

Affect of CIC/SIC judgment Section- 19 (7): The decision of the Central Information Commission or

State Information Commission, as the case may be, shall be binding.

Section- 19 (8): In its decision, the Central Information Commission or

State Information Commission, as the case may be, has the power to:

(a) Require the Public Authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including:

(i) By providing access to information, if so requested, in a particular form;

(ii) By appointing a Central Public Information Officer or State Public Information Officer, as the case may be;

Non interference of court

Section- 23: No court shall entertain any suit, application or other

proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

Twenty Years ago....Twenty Years ago.... However .any information about events which happened 20

years ago is to be provided , unless the sovereignty of india or contempt of court is at stake.

SERVABILITY If the record contains exempted information in parts ,PIO

CAN give that part of the record which can be reasonably severed.

Notice has to be given applicant stating that info is only part , reasons for the decision, details of fees , details of right to review.

This is a portal to file RTI applications/first appeals online along with payment gateway. Payment can be made through internet banking of SBI & its associate banks and debit/credit cards of Master/Visa. Through this portal, RTI applications/first appeals can be filed by Indian Citizens only for the main ministries/departments of Central Govt., located at New Delhi. RTI applications/first appeals should not be filed for other Public authorities under Central/State Govt. through this portal.

GUIDELINES FOR USE OF RTI ONLINE PORTALGUIDELINES FOR USE OF RTI ONLINE PORTAL

This Web Portal can be used by Indian citizens to file RTI application online and also to make payment for RTI application online. First appeal can also be filed online.

An applicant who desires to obtain any information under the RTI Act can make a request through this Web Portal to the Ministries/Departments of Government of India.

The applicant has to fill the required details on the page that will appear. The fields marked * are mandatory while the others are optional.

After filling the first page, the applicant has to click on "Make Payment" to make payment of the prescribed fee.

The applicant can pay the prescribed fee through the following modes:(a) Internet banking through SBI and its associated banks;(b) Using credit/debit card of Master/Visa.

No RTI fee is required to be paid by any citizen who is below poverty line as per RTI Rules, 2012.

On submission of an application, a unique registration number would be issued, which may be referred by the applicant for any references in future.

The application filed through this Web Portal would reach electronically to the "Nodal Officer" of concerned Ministry/Department, who would transmit the RTI application electronically to the concerned CPIO.

In case additional fee is required representing the cost for providing information, the CPIO would intimate the applicant through this portal. This intimation can be seen by the applicant through Status Report or through his/her e-mail alert.

List of RTI murdered List of RTI murdered activistsactivists

The data points to around 251 cases across India where people were either attacked, murdered, physically or mentally harassed or had their property

damaged because of the information they sought under RTI. The data throws up 32 alleged murders and two suicides that were directly linked with RTI

applications filed.Data gleaned by the Commonwealth Human Rights Initiative (CHRI) shows

Maharashtra has seen 53 attacks on RTI activists, including nine cases of murder, over the last eight years. Gujarat comes second with 34 attacks,

including 3 murders. Delhi, Bihar, Uttar Pradesh, Haryana, Andhra Pradesh and Karnataka follow with over 10 reported attacks on RTI activists during the

last eight years. 

RTI activist Shehla Masood: murdered (16 aug,2011)

38 years, Shehla Masood had campaigned tirelessly against corruption. Glamorous and combative, she had embraced India's Right to Information Act with gusto, rattling out applications in all directions, exposing wrongdoing at the highest levels of Madhya Pradesh state where she lived, upsetting many powerful people with a great deal to lose. Judges, police and politicians from the local ruling BJP party had all come into her sights and been exposed for misusing public cash.

In recent months, she had turned her attention to mining conglomerate Rio Tinto's plans to extract 37 million tonnes of diamond-bearing ore from land in one of the finest strands of teak forest in the country.

Then, on 16 August, Shehla was found dead in her car outside her home in a prosperous area of Bhopal, with a single gunshot to her neck

CONCLUSIONCONCLUSION

RTI has definitely helped in better governance. Even though it has been seven years, but still the

act has not been used to its full power because of many reasons like less awareness, threats, political power and corruption.

There are no amendments in the law since the time it has been passed even though there is a need to change.

SOURCES OF INFORMATIONSOURCES OF INFORMATION

We had collected all the data from various sites :

rtionline.gov.in google.comrti.india.gov.incic.gov.in

Thank you Thank you