RIGHT TO INFORMATION ACT 2005

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RIGHT TO INFORMATION ACT 2005
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Right to Information Act 2005

• Democracy requires
• An information citizenry
• Transparency of information which are vital
• to its functioning to contain corruption
• To hold governments and their instrumentalities
  accountable to the governed.

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Aim and Objectives of RTI Act

• Transparency Accountability in the working of
  every public authority
• The right of any citizen of India to request
  access to information and the corresponding duty
  of Govt. to meet the request, except the exempted
  information (Sec. 8/9)
• The duty of Govt. to pro-actively make available
  key information to all (Sec 4).
• A responsibility on all sections citizenry,
  NGOs, media.

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What is a Public Authority ?

• Public Authority means any authority or body
  or institution 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
• i) body owned, controlled or
  substantially financed,
• ii) non - Government organization
  substantially financed
• directly or indirectly by funds
  provided by the appropriate
• Govt

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What does Right to Information mean

• It includes the right to
• Inspect works, documents, records
• Take notes, extracts or certified copes of
  documents or records
• Take certified samples of material
• Obtain information in the form of printouts,
  diskettes, floppies, tapes, video cassettes or in
  any other electronic mode or through printouts
  S.2(j)

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What does information means ?

• Did material held in any form including
  electronic -
• Records
• Documents
• Memos
• Opinions advices
• Press releases
• Circulars, orders logbooks
• Contracts
• Reports, papers samples models

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Coverage

• RTI Act came into effect from 12th October
  2005.
• Covers central, state and local governments and
  all bodies owned, controlled or substantially
  financed by the respective Governments
• Non-government organization substantially
  financed directly or indirectly by funds provided
  by the appropriate government.
• Executive, judiciary and legislature
• Includes information relating to private body
  which can be accessed by under any other law for
  the time being in force.

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Obligations

• 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.
• Ensure that all records that are appropriate to
  be computerized are within a reasonable time and
  subject to availability of resources.

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What is not open to disclosure ?

• The following information is exempted from
  disclosure (S.8)
• Which would prejudicially affect the sovereignty
  and integrity of India.
• Security, strategic, scientific or economic
  interests of the State.
• Relation with foreign State.
• Lead to incitement of an offence.
• Forbidden to be published by any court of law or
  tribunal or the
• Disclosure of which may constitute contempt of
  court

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What is not open to disclosure ?Contd..

• Which would cause a breach of privilege of
  parliament or the state legislature ?
• Commercial confidence, trade secrets or
  intellectual property, the disclosure of which
  would harm the competitive position of a third
  party, competent authority if satisfied that
  larger public interest is served can allow the
  disclosure of such information
• Information available to a person in his
  fiduciary relationship, competent authority if
  satisfied that the larger public interest can
  allow the disclosure of such information
• Information received in confidence from foreign
  government.

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Types of issues that can be solved using RTI.

• For a legitimate work which is pending
• Issue of passport.
• Decision by the administrative authority.
• Faulty construction
• Issue of any type of license.
• Issue of various certificates of marriage, death,
  birth, SC/ST OBC etc.
• Inclusion of name in voters list
• Issue of Voter ID Card.
• Correction of water, electricity, telephone
  bills, change of faulty meter, providing new
  water or electricity connection, etc.
• Filing of FIR.
• Claiming various kinds of refunds or payments etc
  like tax refund, medical reimbursement, provident
  Fund etc.

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What is the Application procedure for requesting
information ?

• Apply in writing or through electronic means in
  English or Hindi or in the official language or
  the area, to the PIO, specifying the particulars
  of the information sought for.
• Reason for seeking information are not required
  to be given
• Pay fees as may be prescribed (if not belonging
  to the below poverty line category).

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Fees and Charges

• Different reasons for which fee is payable are
  as follows
• Application fee Rs. 10/- .
• If information is required in electronic media
  floppy / CD, etc charges for the same.
• Photocopy charges of Rs. 2/- per page.
• Inspection charges of relevant files, documents
  and records
• No fee for first hour of inspection.
• Rs. 5 for every subsequent hour or fraction
• thereof.

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Fees and Charges

• Processing expenses incurred by the Public
  Information officer to be intimated in writing.
• Application can seek review of the decision on
  fees charged by the PIO by applying to the
  appropriate Appellate Authority
• No fees from people living below the poverty
  line.
• Free of cost if the PIO fails to comply with the
  prescribed time limit.

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Time limit to get the information

• 30 days if application is filed with the PIO.
• 35 days in case it is filed with the Assistant
  PIO.
• 48 hrs in case the matter to which the
  information pertains affects the life and liberty
  of an individual.

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What is third Party ?

• A third party means a person or public
• authority who has given information to the
• Government in confidence and for this the
• third party has a right to be heard in case
• such information is being divulged by the
• CPIO / APIO to the applicant.

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Central Information Commission

• An autonomous body to inquire into complaints
  received from citizens.
• One can complain to the CIC if refused access to
  information or how the public authority has
  handled your requested, for instance
• Failure to respond to your request within 30
  working days or failure to explain why an
  extension is needed.
• Failure to give you proper advice and help
  within the stipulated time.
• Failure to give information in the form in which
  you asked for it.
• Failure to properly explain reasons for refusing
  your request, for instance if the public
  authority believes that giving you information
  would harm a criminal investigations.

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Information CIC needs

• Name and address of the applicant.
• Name and address of the Central Public
  Information.
• Particulars of the order including number, if
  any, against which the appeal is preferred
• Brief facts leading to the appeal.
• If the appeal is preferred against deemed
  refusal, the particulars of the application,
  including number and date and name and address of
  the Central Public Information Officer to whom
  the application was addressed
• Grounds for the prayer or relief.
• Verification by the appellant and
• Any other information which the Commission may
  deem necessary for deciding the appeal.

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Penalties

• Imposable by Information Commission on PIO or
  officer asked to assist PIO.
• For unreasonable delay Rs 250 per day up to Rs.
  25,000.
• For illegitimate refusal to accept application,
  malafide denial, knowingly providing false
  information, destruction of information, etc. up
  to Rs. 25,000 fine.
• Recommendation for departmental action for
  persistent or serious violations.
• However, no criminal liability.
• Immunity for actions done in good faith(S.21).

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Recent Cases of Penalties

• The Official, KD Bansor, the first Central Govt.
  official to lose Rs. 12,500 from her salary for
  violations under the RTI Act.
• Fine deducted from salary in two months for
  denying information and deposited with the
  Central Information Commission.
• Bansor, an under secretary and Tikam Singh, a
  Section Officer of the National Commission for
  Scheduled Castes and Schedule Tribes were fined
  Rs. 25,000, maximum amount under RTI Act.

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Universal Access to Poor

• No fee for BPL.
• Reasonable other charges (quantum not specified)
• Filling application / appeals to be facilitated
  by APIO at sub-district levels.
• No need to specify reason for seeking information
  or other personal details.
• Provision to provide all required assistance,
  including to disable person.
• Information to be provided in local languages.
• Provision for damages.
• Open only to citizens of India.

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PIO / APIO Appellate Authority in DoT

• Appellate Authority Shri Kirthy Kumar, Deputy
  Director General (Co-ordination Administration)
  Room No. 307, Sanchar Bhawan, 20 Ashoka Road, New
  Delhi-1.
• Tel. No. 011- 2337246,23036881
• Public Information Officer Shri A.K.Biswas,
  Deputy Secretary, (Co-ord.), Room No. 303, Sanchr
  Bhawan, 20 Ashoka Road, New Delhi-1.
• Tel. No. 23036094
• Assistant Public Information Officer- Shri
  Kshitij Mohan,Under Secretary(Co-ord.), Room No.
  512-A, Sanchar Bhawan, 20 Ashoka Road, New
  Delhi-1

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CCA Offices

• In the DoT Website most of the
• information as per the Right to Information
• Act, 2005 para 4(I)(b) is available however
• whereas the role and responsibilities of all
• wings in the Directorate are given in detail
• along with the Telecom Engineering Centre
• (TEC) there is no mention of the CCA Offices,
• their role and functions.

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Disclosure of File Notings

• The ongoing debate over disclosure of file
  notings ends.
• The CIC, has made it clear that the file
  nothing may be asked to be provided to
  information seekeers under the Act.
• The commission sternly directe4d DoP DoT to
  Suitably amend its website in a month and remove
  all such instructions which were contrary to
  CICs earlier decisions pertaining to disclosure
  of file notings.
• The order dated 29th Jan2007 came on an appeal
  filed by one Pyare Lal Verma who was denied
  disclosure of certain file nothing by the
  railways on the ground that as per the DoP DoT
  website such nothings cannot be acceded to under
  the act.

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Combination of intimidation and mindless
application of RTI

• A farmer in Chattisgarh given a bill of Rs.
  1,82,000(Costs incurred for photocopying the
  official documents relating to the purchases on
  paddy in his area)
• A residence of Bilaspur district, Chattisgarh was
  told to pay Rs. 75,000 for information on the
  position available for school teachers.

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RTI success stories

• Citizen uses RTI to get elusive pension.
• Using RTI to Pull up Fair Price Shops in Kalol
  Taluka of Gujarat.
• Right to Information- Is Media Playing its Role?
• Citizen uses RTI for getting Municipality its
  dues from Government.
• Citizen uses RTI to make the administration work
  according to Rule.
• Official fined Rs. 18,000 under Info Act.
• Rajasthan villagers use RTI to end woes.
• Pune Municipal Corporation uses RTI Act to obtain
  info from ST Department.
• Official fined Rs. 40,000 under RTI Act by CIC,
  Chattisgarh.
• RTI revives Panchayat Social Justice Committees
  in Gujarat.

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THANK YOU