Right to Information Act - 2005

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. Mahatma Gandhi

Right to Information
Introduction
1.

What is Right to information? A Fundamental

Right How Does it help us? It may not help you directly to get what you want e.g. gas, electricity connection; but it helps the one who fights for good governance To participate in governance for successful democracy such as: Election; Policy Decision; Law making; Schemes; Projects. To be a part of decision making in the Govt. or Govt. Bodies. To make govt. transparent and public servants answerable?

2.

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Access to Information Laws Around the World

Green Comprehensive access law enacted Yellow Pending effort to entact law White No law

Constitutional Base

Article 14 : Right to Equality- Equal treatment before law Article 19 : Right to Freedomfreedom of Speech and Expression Article 21 : Protection of Life & Personal Liberty

RIGHT TO INFORMATION
PARADIGM SHIFT An act which will be implemented by the people and acted upon by the government

Basic Tenets

Disclosure a rule and Secrecy an exception Transparency means public interest

Public Interest overrides

It is a part of Global Process. Governance will improve

Information means

Information includes records, documents, memos, e-mails, opinions, advises, press releases, circulars, orders, log-books, contracts, reports, papers, samples, models, data held in electronic form. Also includes information relating to any private body which can be accessed by a public authority.

Right to Information
Is it possible to Customize our governance? Yes!! If people actively participate in the democratic process. Can public participate? 1. It is possible only when people are aware of the process of decision making. 2. If Govt. makes information accessible to general public.

Right to information means

Inspection of work, documents, records Taking notes, extracts, or certified copies of documents or records Taking certified samples of material 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

Right to Information
Official Secrets Act 1923 had made disclosure of information punishable. o RTI Act fulfills the ambitions by disclosure of information mandatory. eg,. a. Ensuring Free Education for children in Gujarat where
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Private Trust school was collecting fee not permissible by law. RTI was used to detect and punish the guilty b. Exposing of mass expenditure of W. Bengal Govt. (I) Rs.18, 25, 600 for foreign trips of M.P.'s between 1987- 2000 (II) Chief Minister spent Rs. 4, 60, 772 between 2001- 2005 for foreign trips.

Right to Information
How disclosure helps ?
Delhi based NGO under RIT has obtained that Public Works Dept. has cooked up a/c e.g. 1. In one contract 29 hand pumps were installed on paper; but actually only 14 pumps were installed. 2. Out of 253 gratings only 30 were installed. The Court has directed for investigation. Now the whole contract is being investigated. 3. Barbers in Raj Bhavan 4. Security cost of P.M 360 Crores in 2008.

Right to Information
What can be done?
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People holding ration cards can check the stocks and sales registers held by dealers and the food dept. to make sure that they are getting their proper amount of rations and that rations are not being siphoned off in their name; Parents may seek details of grants made to government-aided schools to ensure that funds are being spent properly, or can check that admissions are not being bought through bribes or that funds meant to education are not being diverted for other purposes; Owners of small businesses may find out the basis on which licenses and/or tax concession and subsidies are granted by govt. is granting licenses/ concessions/ subsidies on the basis of properly applied criteria; Unemployed people may ask about the criteria for giving government jobs or the status of their application and position in the waitlist; People can check on the progress of their applications for govt. services, eg. By checking the status of an application for an electricity or water connection, including which officers have handled the file, over what period of time and what action was

Right to Information
As a community-minded person, you may want to find out information about issues of public importance and try to gent the government to address problems. For example, you can find out:

How many deaths have occurred in a govt. hospital and for what reasons or what the shortfall of doctors and nurses in compared with sanctioned staff; The daily attendance of teachers in govt. schools; How many people are being housed in local jails compared with the sanctioned capacity of the jail; How often inspectors visit factories and other manufacturing units to check that they are not illegally releasing hazardous materials into the environment; How many contractors have been blacklisted by the municipal authorities and of the blacklisted how many have been given contracts for executing public works.

1. When did it come into force? It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. - Obligations of public authorities [S.4( 1)], - Designation of Public Information Officers and Assistant Public Information Officers[S.5(1) - Constitution of Central information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), - Non-applicability of the Act to Intelligence and Security Organizations (S.24) - Power to make rules to carry out the provisions of the Act (S.27 and 28). 2. Who is covered? The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]

3. What does information mean?

Information means any material in any form including records, documents, memos, emails, 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. [S.2(t)].

4. What does Right to Information mean?

It includes the right to I. inspect works, documents, records. Ii. take notes, extracts or certified copies of documents or records. iii. take certified samples of material. iv. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts.[S.2G)]

1. What are the obligations of Public Authority?

a. b. c. d.

4(1) b

It shall publish within one hundred and twenty days of the enactment:The particulars of its organization,. The powers and duties . The procedure followed in its decision making process. The norms set by it for the discharge of its functions, e. a statement of the categories of the documents held . f. A directory of its officers and employees; - the monthly remuneration received by each of its officers and employees, including the system of compensation as provided. g. The budget allocated to each of its agency. Expenditures and reports on disbursements h. manner of execution of subsidy programmes, including the amounts allocated and the details of the information available to, or held by it. i. The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use. J. the names, designations and other particulars of the Public Information Officers.[S.4(l )(b)]

2. What does a "public authority" mean?

Any authority or body or institution of self government established or constituted: [S.2(h)] 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 Govt. and includes any- body owned, controlled or substantially financed nonGovernment organization substantially financed directly or indirectly by the appropriate Government.

3. Who are Public Information Officers (PIOs)? - PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. - Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. 4. What are the duties of a PIO? PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in

If the information requested for is held by another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately. PIO may seek the assistance of any other officer for the proper discharge of his /her duties. PIO, on receipt of a request, shall within 30 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 S.8 or S.9. Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours. If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request. Where a request has been rejected, the PIO shall communicate to the requester - (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. PIO shall provide information in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority or would be detrimental to the safety or preservation of the record in question.

Third Party Information If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration . Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.

1. What is not open to disclosure? ( 8 categories)

The following is exempt from disclosure [S.8)] I. Information, which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence II. Information expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; III. Information which would cause a breach of privilege of Parliament or the State Legislature; IV. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; information available to a person in his fiduciary relationship~ unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

Obligations of Public Authorities : Every public authority shall maintain all its records duly catalogued and indexed in a manner and form, which facilitates the right to information Shall also publish the information of the organization regarding structure, functions and duties, procedure followed, decision making process, directory of officers and employees, names and designations of public information officers etc.,

Procedure for obtaining information :

Every person seeking the information shall request orally or in writing or through electronic means paying the requisite fees at the following rates : In respect of public authorities at the Village Level No fee ; In respect of public authorities at Mandal Level Rs. 5/- per application ; In respect of public authorities other than those covered above Rs. 10/- per application ;

Procedure for Request of Information (Detailed)

1. What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for. 2. Reason for seeking information are not required to be given; 3. Pay fees as may be prescribed (if not belonging to the below poverty line category). 2. What is the time limit to get the information? 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. 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

3. What is the fee? Application fees to be prescribed which must be reasonable.

1. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at; 2. Applicant can seek review of the decision on fees charged by the PIa by applying to the appropriate Appellate Authority; 3. No fees will be charged from people living below the poverty line 4. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

4. What could be the ground for rejection?

1. If it is covered by exemption from disclosure. (S.8) 2. If it infringes copyright of any person other than the State. (S.9)

How is Central Information Commission constituted?

1. Central Information Commission to be constituted by the Central Government through a Gazette Notification. 2. Commission includes I Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India. 3. Oath of Office will be administered by the President of India according to the form set Out in the First Schedule. 3. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government. 4. Commission will exercise its powers without being subjected to directions by any other authority. (S.12)

The sale price of publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form. e) Other than priced material : i) Material in printed or text form (in A4 or A3 size paper) Rs.2/- per each page per copy; Material in printed or text form in larger than A4 or A3 size paper - actual cost thereof; Maps and plans actual cost thereof; Information in Electronic format viz., Floppy, CD or DVD: (a) Rupees fifty for Floppy of 1.44 MB; (b) Rupees one hundred for CD of 700 MB; and (c) Rupees two hundred for CD (DVD).

Samples and models actual cost thereof;

vi) Inspection of records no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter; vii) Material to be sent by post the actual postal charges in addition to the charge payable as per the rules. The applicant is not required to give any reason or any other personal details except those that may be necessary for contacting him.

Disposal of Request :

The Central Public Information Officer or

State Public Information Officer within 30

days either provide information or reject with reasons and the period within which appeal

can be preferred and particulars of the

appellate authority.

If the information sought for concerns the life and liberty of a person, the same shall be provided within (48) hours of the receipt of

request.

Disposal of Information of Third Party :

A Central Public Information Officer or State Public Information Officer intends to disclose any information which relates to a third party and treated as confidential by that third party, he shall be invited to know whether the information should be disclosed. Except, in case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party.

Penalties provided under the Act :

Require the public authority to compensate the complainant for any loss or other detriment

suffered.
Impose a penalty of Rs.250/each day not

exceeding Rs.25,000/- till application is received or information furnished. Also recommend for disciplinary actions against

Central Public Information Officer or State Public

Information Officer under Service Rules applicable to them.

 The burden proving that he acted reasonably or diligently is on the Central Public Information

Officer or State Public Information Officer.

The Penal provisions are the real teeth of the Act, which if properly implemented will bring the rule of law into governance.

Available Information & Common Man Proactive Disclosure

Before

After

Exemption clause in detail

National security Trade secrete/IPR/copy right Privacy Foreign relation Danger to life & physical safety Impede the investigation Cabinet papers Public interest v/s protected interests

Monitoring
Quantitative and qualitative devise formats Trainings and workshops Consultation and review Involve Civil society Responsive government Continuous improvement by issue of guidelines. Periodical evaluation & Monitoring & Annual report.

Monitoring and Reporting:

The Central Information Commission or State

Information Commission as the case may be, shall prepare a report on the implementation of the Act at the end of every year and forwarded it to the appropriate Government. The respective Government cause a copy of such report to be laid before each House of Parliament

and State Legislature as the case may be.

What information is not available?

V Information, which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Information which would impede the process of investigation or apprehension or prosecution of offenders; Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual; Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

VI VII VIII

2. Is partial disclosure allowed? Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10] 3. Who is excluded? Central Intelligence and Security agencies specified in the Second Schedule like IB, R&A W, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime BranchCID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may

What are the powers and functions of Information Commissions?

The Central Information Commission/State Information Commission has a duty to receive complaints from any person a) who has not been able to submit an information request because a PIa has not been appointed; b) who has been refused information that was requested; c) who has received no response to his/her information request within the specified time limits ; d) who thinks the fees charged are unreasonable; 1.Who thinks information given is incomplete or false or misleading ;and any other matter relating to obtaining information under this law. 2. Power to order inquiry if there are reasonable grounds. 3. CIC/SCIC will have powers of Civil Court such asa. summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things; b. requiring the discovery and inspection of documents; receiving evidence on affidavit; c. requisitioning public records or copies from any court or office issuing summons for examination of witnesses or documents any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination. 5. Power to secure compliance of its decisions from the Public Authority includesa. providing access to information in a particular form; b. directing the public authority to appoint a PIO/ APIO where none exists; c. publishing information or categories of information; d. making necessary changes to the practices relating to management, maintenance and destruction of records ; e. enhancing training provision for officials on RTI; f. seeking an annual report from the public authority on compliance with this law; require it to compensate for any loss or other detriment suffered by the applicant; g. impose penalties under this law; or h. reject the application. (S.18 and S.19)

Right to Information Act - 2005

APPLICATION FORMAT FOR SEEKING INFORMATION UNDER RTI-2005
Sl. No.
1 2 Name Nationality / citizenship

Particulars

Information to be provided by the information seeker

Permanent address Phone : Email ID:

Address for correspondence Phone : Email ID: Details of information required (If necessary a separate sheet may be attached) Details of application fee paid Demand Daft No. & date Amount Drawn in favor of