Right to information act

As a tool to improve Transparency in public affairs

Presented By: Nisahnt Singh

WHAT IS RTI?
RTI stands for "Right to Information". Right to Information is a fundamental right that every citizen has.

The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

Under the provisions of the Act, any citizen (excluding the citizens within J&K) may request information from a "public authority"

History of RTI Act, 2005

Information disclosure in India was previously restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes. It was passed on 15th June 2005 by the Parliament of India and came fully into force on 12 October 2005. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir - which is covered under a State-level law.

What does Right to Information mean?

It includes the right to Take notes, extracts or certified copies of documents or records.
Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. Inspect works, documents, records

Take certified samples of material.

NEED FOR RTI

Simply because if you go into a Govt. office and demand that they tell you why your work has not been done, they will not entertain you or might even throw you out. If its a law, Then it becomes harder to do this. If they do not give you the information you want, they ill have broken a law and can be punished for it.

AIM & OBJECTIVES OF RTI

Transparency & Accountability in the working of every public authority

The duty of Govt. to pro-actively make available key information to all (Sec 4).

A responsibility on all sections: citizenry, NGOs, media.

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).

Powers and functions of Information Commissions

It shall be the duty of the 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 PIO, either by reason that no such officer has been appointed, or because the APIO has refused to accept his or her application or appeal for forwarding the same to the PIO or senior officer or the Information Commission. s.18 (1)(a)

(b) who has been refused access to any information requested. (c) who has not been given a response to a request for information or access to information within the time limit specified.

(d) who has been required to pay an amount of fee which he or she considers unreasonable. (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

Where the Information Commission, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. s.18 (2)

(3) The Information Commission shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure in respect of the matters under s.18(3).

The Information Commission may, during the inquiry of any complaint under this Act, examine any record which is under the control of the public authority, and no such record may be withheld from it on any grounds. s.18(4)

First Appeal

Any person who, does not receive a decision within the time specified or is aggrieved by a decision of the PIO may within 30 days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the PIO in the public authority.s.19(1)

Where an appeal is preferred against an order made by PIO under s.11 to disclose third party information, the appeal by the concerned third party shall be made within 30 days from the date of the order. s.19(2)

The first appeal shall be disposed of within 30 days of the receipt of the appeal or within such extended period not exceeding a total of 45 days from the date of filing thereof,, for reasons to be recorded in writing.

Second appeal against the decision s.19(1) shall lie within 90 days from the date on which the decision should have been made or was actually received, with the Information Commission. s.19(3)

The Information Commission shall give a reasonable opportunity of being heard to the third party If necessary. s.19(4)
In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the PIO who denied the request. s.19(5)

The decision of the Information Commission shall be binding. s.19(7) It has the power to require the public authority to compensate the complainant for any loss or other detriment suffered. s.19(8)

What is not open to disclosure?

The following information is exempted from disclosure (S.8) Which would prejudicially affect the independence and integrity of India. Security, strategic, scientific or economic interests of the State. Relation with foreign State. Lead to incitement of an offence. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party

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(Public Information Officer), specifying the particulars of the information required 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).

FIRST APPEAL
REQUEST INFORMATION IN 30 DAYS

CITIZENS

IF THE INTERESTS OF A THIRD PARTY ARE INVOLVED THEN TIME LIMIT WILL BE 40 DAYS

PUBLIC INFORMATION OFFICER (PIO)

INFORMATION IN 48HOURS INCASE OF INFORMATION REGARDING LIFE & LIBERTY

SECOND APPEAL
Second appeal (External)

(within 90 days from the date of decision

Web Site Snapshots (http://rti.gov.in/)

Web Site Snapshots (Contd)

Link to Website (http://rti.india.gov.in/)

File a Complaint

Complaint Status

RTI Cost
Village level No fee Mandal Level Rs 5/- per application Application District and higher Rs 10/- per application Fees
Cash Demand Draft Bankers Cheque payable to accounts officer Postal Order Court Fee stamp

Modes Of payment

RTI cost
Rs 2/- per page per copy

1.44 Mb Floppy Disk Rs 50/-

RTI charges
Inspection of Records First hour free and Rs 5/- for each hour thereafter

CD of 700 Mb Rs 100/DVD Rs 200/-

Success Story of RTI

Pollution Factory Shutdown

Kapil Jain resident of Vishwas Nagar in Delhi. His neighbour was running illegal plastic factory. In December2002 he filled a complaint with the deputy Commissioner of Police and forwarded a copy to SDM. He visited SDMs office at least five times between Feb. and Aug 2003

Then finally he filed an application under RTI act, wanting to know what was happening to my complaint.

On September 1 he received a reply ,they had forwarded their complaint to Delhi pollution control committee but no reply had been received.

Pollution Factory Shutdown (Contd..)

and On September3 he filed a RTI application at DPCC.

Jain got a copy of the DPCCs letter and surprised, they replied they had already sent an inspection report of the unit

He himself approached the SDM with copy of DPCC and next day the factory was sealed.