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RIGHT TO INFORMATION ACT 2005

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... Lok Sabha 11.05.2005 President Of India Assent 15.06.2005 Gazette Publication 21.06.2005 Effective 12.10.2005 After 120 Days Rajya Sabha 12.05.2005 Coverage Whole ... – PowerPoint PPT presentation

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Title: RIGHT TO INFORMATION ACT 2005


1
WELCOME
RIGHT TO INFORMATION ACT 2005 A SYNOPSIS
2
Mahatma Gandhi
  • 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.

3
Abraham Lincoln
  • Let the people know the facts, and the country
    will be safe.

4
Justice Bhagwati 0f Supreme Court of India
  • No democratic government can survive with
    accountability

5
GARBAGE CAN TECHNOLOGY a.k.a DEEP FILING METHOD
X
6
Some Lingering Questions
  • What is RTI ?
  • What relation has it to my job discharge ?
  • Why should I know about the ACT ?
  • What is in it for me ?
  • Am I going to benefit from this ACT ?
  • If I do not adhere to the ACT, then what ?
  • And last but not the least
  • How can I use the ACT in my personal life ?

7
RTI ACT 2005
  • Why AIM
  • Enactment
  • Contents Provisions
  • Applicability to HPCL
  • Your ROLE (Dual?)
  • Open Session

8
Status of RTI Laws on the Planet
Dec 2006
9
Good Governance - Efficiency
3 D I M E N S I O N S
Idea of making right decisions to achieve the
objectives
POLICY
Effective provision of services to the public,
responsiveness to public opinion..
SERVICE
Consists of conducting the administration without
unnecessary delays or ulterior or corrupt motives
and giving reasons while passing various orders
ADMINISTRATIVE
Comprises of Good Corporate Governance in
Organizations Efficient productivity
10
RTI ACT 2005 Enactment
ACT 22 of 2005
Lok Sabha 11.05.2005
President Of India Assent 15.06.2005
Gazette Publication 21.06.2005
Rajya Sabha 12.05.2005
Effective 12.10.2005 After 120 Days
Coverage Whole of India - Except State of Jammu
Kashmir
11
RTI ACT 2005 - Provisions
Provisions for ensuring MAXIMUM
DISCLOSURE MINIMUM EXEMPTIONS
PENAL provisions for failure to comply with the
ACT
12
RTI ACT 2005 - Provisions
31 Sections
SIX Chapters
Effective Mechanism for access to information
disclosure
Establishment of Appellate Machinery Investigating
Powers to review the decisions Of the Public
Information Officers
13
Section 4
Maintain records Publish-particulars of
  • budget allocation
  • annual reports
  • concessions enjoyed by it
  • facilities available to citizens
  • manner of execution of subsidy programs
  • decision making process, etc.
  • organization
  • officials
  • duties
  • functions
  • monthly remunerations
  • telephone list
  • address list

14
Some Concepts
  • WHO can seek information ?
  • WHAT is Information ?
  • WHO is Public Authority ?
  • WHO are Public Information Officers ?
  • WHAT are the Fees ?
  • WHAT is the Time limit ?
  • WHAT is the Penalty Factor ?
  • ANY Appeal procedures ?

15
Who can seek information?
All Indian citizens possess the right to
information
The act confers right to any Indian citizen to
access info from Public Authorities
16
  • Information

What is Information
What does Right to Information mean?
17
Information
What does Right to Information mean?
It includes the right to
OBTAIN INFORMATION In form of printouts Diskettes
Disks Floppies Tapes, Video cassettes or In any
other electronic media
INSPECT Works, Documents and Records
TAKE Notes, extracts or certified Copies of
documents or records
TAKE Certified samples of material
18
Information
  • Reports
  • Papers
  • Samples
  • Models
  • Data / Material held in any electronic form
    information relating to any private body which
    can be accessed by a public authority
  • Records
  • Documents
  • Memos
  • Emails
  • Opinions
  • Advices
  • Press releases
  • Circulars
  • Orders
  • Log books
  • Contracts

19
  • Public Authority

20
Public Authority
Any Authority / Body / Institution constituted or
established by law
STATE GOVERNMENT PARLIAMENT CENTRAL GOVERNMENT
Either directly or indirectly by funds provided
by the State or Central Government
Any Body / Institution owned or controlled or
substantially financed by Government
21
Evolution of HPCL
HPCL came into existence by nationalisation of
foreign oil companies i.e., ESSO CALTEX. 51
of the shares of HPCL are held by the President
of India.
19xy
1976
Merger of others into HPCL
Merger of Caltex undertaking in India into HPCL
1974
Takeover merger of ESSO and Lube India into HPCL
1962
StanVac operations taken over by ESSO
1955
Incorporation of Caltex Oil Refining
1952
Incorporation of Standard Vacuum Refining
Company (StanVac)
HPCL a Public Authority
Origin in Private Sector Blend of Private
Public Sector Expertise
22
Public Authority - OBLIGATIONS
Every public authority is under obligation to
provide certain information
As per Section 4 of the ACT all details
23
Section 4
Maintain records Publish-particulars of
  • organization
  • officials
  • duties
  • functions
  • monthly remunerations
  • telephone list
  • address list
  • budget allocation
  • annual reports
  • concessions enjoyed by it
  • facilities available to citizens
  • manner of execution of subsidy programs
  • decision making process, etc.

24
Public Authority - OBLIGATIONS
RECEIVE applications for information from citizens
ACCEPT fees
25
Public Authority - OBLIGATIONS
To Provide INFORMATION
On REQUEST from the information seeker
ENGLISH or HINDI or LOCAL APPROVED VERNACULAR
LANGUAGE
ELECTRONIC MEANS E-MAIL or FAX or WRITTEN
REQUEST
26
Public Authority - OBLIGATIONS
COLLATE information
If INFO is available immediately
OBTAIN Clearance from appropriate authority
PROVIDE
If INFO is NOT available immediately
FORWARD to the concerned authority
OBTAIN the info
27
Public Authority - OBLIGATIONS
  • Down delegation to the PIOs

28
CENTRAL INFORMATION COMMISSION Second Level
G O V E R N M E N T
CITIZEN
P U B L I C A U T H O R I T Y
STATE PIO
C M D
CENTRAL PIO
APPELLATE AUTHORITY - First Level
29
Public Information Officers
S P I O
STATE PUBLIC INFORMATION OFFICER
ALL REGIONAL MANAGERS
125
ALL TERMINAL MANAGERS
30
Public Information Officers
20
C P I O
CENTRAL PUBLIC INFORMATION OFFICER
GM EM P Pipelines Operations MR Operations
VR HR Special Assignment IT
Corporate SHE Operations Distribution ERP Financ
ial Controller
DGM HR Marketing I/c Aviation I/c Marketing
Retail LPG Sales Marketing Product Supply
Direct Sales Retails Lubes Shipping
Supplies Strategy Public Relations Corp.
Comm. Finance - GGSRL.
REVISION JUNE 2006
31
Public Information Officers
14
APPELLATE AUTHORITIES
  • ED
  • RETAIL
  • LPG
  • PROJECTS PIPELINES
  • MR
  • VR
  • INTERNATIONAL TRADE SUPPLIES
  • IT ERP
  • HRD
  • IR
  • CORPORATE FINANCE
  • COMPANY SECRETARY

A A
GM - IC - LUBES - STRATEGY CPP
REVISION JUNE 2006
32
CENTRAL COORDINATION
AA
SPIO
CPIO
CHIEF MANAGER RTI CO-ORDINATION Office of the
Company Secretary
33
  • Fees

34
Fees
Rupees TEN with application
INSPECTION
  • For FIRST hour
  • NIL
  • For SUBSEQUENT hour
  • OR part thereof
  • Rupees FIVE

DOCUMENT
  • Rupees TWO
  • for each additional
  • page created or photocopied
  • A3 / A4 size
  • Actual Charge for large size paper
  • Actual Cost or Price for models or
  • samples

OTHERS
  • For information in
  • CD / Diskette / Floppy
  • Rupees FIFTY
  • For Publications / print outs
  • Rupees TWO for each page

35
Fees - Against proper receipt
REVISION 2006 JUNE
Cash
Demand Draft
HPCL
Bankers Cheque
Indian Postal Order
Separate Accounting code SP Circular of 22 NOV
2005
36
Fees Not Acceptable
  • Payment when made
  • Thru COURT FEE STAMP
  • At TREASURY COUNTER

37
NO Fees
On TWO occasions
O C C A S I O N ONE
BPL Citizen
BPL Citizen has to establish his identity
BPL Criteria as determined by GOI
Currently EARNINGS OF Rupees TEN per day or
Rupees 300 per month
38
Time Limit
  • Time is the scarcest resource of the manager If
    it is not managed, nothing else can be managed.
    Peter F. Drucker

39
Time Limit
Within 48 Hours from request
matter of Life or Liberty of a person
Within 30 calendar days From date of receipt of
request
Others
40
  • Appeal Procedure

41
Appeal Procedure
Who
Time Limit 30 days
All Aggrieved Citizens
APPELLATE AUTHORITY
42
Is there a 2nd Appeal?
43
IS THERE A 2nd APPEAL?
YES
Against Whose decision ?
AGAINST the FIRST level Appellate Authoritys
Decision
CENTRAL / STATE INFORMATION COMMISSION
TIME LIMIT 90 DAYS
44
Central Information Commission
  • Shri Wajahat Habibullah
  • Chief Information Commissioner.
  • Shri A.N. Tiwari
  • Information Commissioner
  • Shri O.P. Kejariwal
  • Information Commissioner
  • Professor M.M. Ansari
  • Information Commissioner
  • Smt. Padma Balasubramanian
  • Information Commissioner
  • Central Information Commission, Old JNU Campus,
    Block IV, 5th Floor, New Delhi-110067

45
CAN COURTS INTERFERE?
LOWER CIVIL COURTS
X
  • HIGH COURT
  • SUPREME COURT

46
  • Penalty

47
Penalty is applicable when
OBSTRUCTS Furnishing Information Requested for
Any Public Authority
DESTROYS Information Requested for
REFUSES To receive application
KNOWINGLY Gives Incomplete Incorrect
Or Misleading information
MALAFIDELY Denies the Requested information
DOESNOT Provide bonafide information
48
Penalty component
Rupees 250/-- PER DAY of delayed information
provided
Rupees 25000/-- MAXIMUM
In addition, any prescribed action under the
relevant CDA Rules, by the Second Appellate
Authority
49
Penalty component
The person who has not parted with the
information, though requested by the PIO
PENALTY IS BORNE BY THE INDIVIDUAL
BY THE CONCERNED PIO / AA
50
NO Fees
On TWO occasions
In case the information is not provided within
the specified time frame or
O C C A S I O N TWO
The said information is provided after the
specified time frame
51
RTI ACT 2005 Some Special Features Exemptions
From the ActExclusions - Information
52
EXCLUSIONS - Information
  • to the coverage under the ACT Refer Section 8
  • as applicable to HPCL

53
EXCLUSIONs to the coverage under the ACT - IN A
NUTSHELL - HPCL
NO public activity or interest
relating to 3rd party, the disclosure of which
would harm the competitive position of the third
party
impede the process of investigation or
prosecution of offenders
Information prohibited by a Court, etc.
unwarranted invasion of privacy of the individual
trade secrets, commercial confidence or
intellectual property
54
RESTRICTIONS ON THIRD PARTY INFORMATION
HPCL is required to obtain consent of the third
party before parting with the information
HPCL Confidentiality agreements with JVC / Others
HPCL is prohibited from making any disclosures
55
EXCEPTIONS to the coverage under the ACT - IN A
NUTSHELL - HPCL
LIST OF EXEMPTIONS SBU WISE
56
Exempted Organizations
  • 22 - Intelligence security organizations,
    which are
  • established by the Central Government
  • covered under the second schedule of the act

57
Exempted Organizations
  1. Intelligence Bureau
  2. Research Analysis Wing of Cabinet Secretariat
  3. Directorate of Revenue Intelligence
  4. Central Economic Intelligence Bureau
  5. Directorate of Enforcement
  6. Narcotics Control Bureau
  7. Aviation Research Centre
  8. Special Frontier Police
  9. Border Security Force
  10. Central Reserve Police Force
  11. Indo Tibetian Border Police
  1. Central Industrial Security Force
  2. National Security Guards
  3. Assam Rifles
  4. Sashtra Seema Bal (Special Service Bureau)
  5. Special Branch (CID), Andaman Nicobar
  6. The Crime Branch CID CB, Dadar Nagar Haveli
  7. Special Branch, Lakshwadeep Police
  8. Special Protection Group
  9. Defence Research Development Organization
  10. Border Road Development Board
  11. Financial Intelligence Unit, India

58
RTI ACT 2005 HPCL
www.hindustanpetroleum.com
59
(No Transcript)
60
Dos as HPCL employee
RECEIVE - application
ACKNOWLEDGE if received in person
FORWARD to the concerned official immediately
CONFIRM by email to the concerned officer and
also to RTI Coordinator-HQO
61
Dos as PIO / AA
RECEIVE - application
ACKNOWLEDGE if received in person
FORWARD to the concerned official immediately
if U do not have the information
CONTACT RTI Coordinator, HQO for guidance
Reply to the information seeker within the 30 day
limit
Send copies of the application (if not already
sent), reply furnished, fee details to RTI
Coordinator
62
Don'ts as a HPCL Employee / PIO / AA
DO NOT DELAY IN
Keeping SBU _at_ HQO /Zone / RTI Coordinator of the
query received
Seeking clearance from RTI Coordinator. Provide
reply to information seeker - 30 days
63
HQO contact
  • Hariharan PK
  • Chief Manager - RTI Coordination
  • Office of the Company Secretary
  • Petroleum House 6th Floor
  • Telephone 022 22 82 3579 - Office
  • 022 22 82 3618
  • 022 2286 3611 Co. Secretary
  • HP NET 2200 355
  • E-mail pkhariharan_at_hpcl.co.in

64
(No Transcript)
65

66
Supreme Court of India
  • one sided information, disinformation and
    non-information all equally create an uniform
    uninformed citizenry, which would finally make
    democracy a mobocracy and farce.

67
EXEMPTED PUBLIC AUTHORITY
RECAP
EXEMPTED INFORMATION
INFORMATION
PUBLIC AUTHORITY
HPCL
WHO
WHAT
TIME LIMIT
YOUR ROLE
PENALTY
68
Lingering Questions
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