Right To Information Act 2005
- 1. RIGHT TO INFORMATION ACT 2005 PURPOSE Transparency Accountability ALL CITIZENS SHALL HAVE THE RIGHT TO INFORMATION Comes into force 120 days from 15.6.05
- 2. RTI includes right to: Inspect work & records Take notes, extracts, certified copies of documents/ records Obtain information in the form of print outs, floppies, tapes, video cassettes, other electronic modes
- 3. OBLIGATIONS OF PUBLIC AUTHORITIES Maintain records catalogued and indexed-> computerization, networking Publish certain particulars within 120 days Publish relevant facts while formulating policies / decisions affecting public Provide reasons for administrative/ quasi-judicial decisions to affected persons Suo moto provide information ->minimize need for resorting to RTI Form of dissemination- easily accessible In 100 days, designate PIOs and APIOs Info should be free or at cost of medium only
- 4. DISSEMINATION Notice boards Newspapers Public announcements Media broadcasts Internet Inspection of offices Other means
- 5. PARTICULARS TO BE PUBLISHED Particulars, functions and duties of the organization Powers, duties of officers & employees Procedure followed in decision making including channels of supervision Norms set for discharge of functions Rules, regulations, instructions, manuals, records used Statement of categories of documents held
- 6. PARTICULARS TO BE PUBLISHED ( contd.) Details of arrangement of consultation/ representation of public in policy formulation or implementation Statement of boards, councils, committees constituted as its part Directory of officers and employees Their monthly remuneration Budget, plans, proposed expenditure Particulars of concession recipients Facilities available for obtaining information Name, designation, particulars of PIO (to be updated annually)
- 7. Role of PIO and APIO PIO provides information to anyone requesting for it APIO receives applications and forwards them to PIO
- 8. Functions of PIO Deal with requests for information Offer reasonable assistance to applicant Provide access-enabling assistance to sensorily disabled Seek assistance from any other officer as considered necessary For the purpose of contravention of this act, such other officer will be treated as PIO.
- 9. 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 line If additional fees (cost of providing info) are required, PIO has to give calculations to information seeker, and details of appeal rights If time limits passed , info to be given free
- 10. REQUESTS FOR INFORMATION Will be made to PIO To be in writing/ electronic means (if it can’t be in writing, PIO will assist to reduce oral request to writing) In Hindi, English, Official language of the area Accompanied by prescribed fee No reason required No personal details required except for contacting To be transferred to another public authority if pertains to them (in 5 days) applicant to be informed
- 11. DISPOSAL OF REQUESTS: TIME-FRAME In 30 days if direct to PIO In 35 days if through APIO In 48 hours if life & liberty at stake If redirected, in 5 days If not given in time, deemed refused If further fees required, period between dispatch of request and deposit of fees will not count
- 12. HOW TO DISPOSE Give the information right away Give on payment of further fees Transfer to another Public Authority Refuse with reasons (as per exemptions in the Act)
- 13. CASES OF REJECTION PIO has to communicate Reasons for rejection Allowable period of appeal Particulars of Appellate Authority
- 14. SOME EXEMPTIONS Prejudices sovereignty , security, scientific/economic interests of India Forbidden to be published by Court Breach of privilege of legislature Impedes process of investigation Endangers life or safety of anyone Involves infringement of copyright not held by the State
- 15. MORE EXEMPTIONS Harms competitive position of 3rd party Information held in fiduciary capacity In these cases, the competent authority* may disclose the information if the larger public interest so warrants (*as defined in the Act) Personal information unlinked with public activity Resulting in invasion of privacy of individual In these cases, PIO may disclose the information if the larger public interest so warrants
- 16. 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.
- 17. SEVERABILITY 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 to applicant stating that info is only part, reasons for the decision, details of fees, details of right to review
- 18. APPEAL To officer senior in rank to PIO To be preferred in 30 days from expiry of period/ date of decision Grounds Decision not received in time Aggrieved by decision
- 19. THIRD PARTY If info to be disclosed was supplied in confidence by a third party, then: In 5 days, invite submission from 3rd party Submission to be in 10 days Keep submission in mind Allow disclosure if public interest outweighs harm to 3 rd party Give notice of decision to 3 rd party, stating his entitlement to appeal
- 20. Information Commissions Central- Chief Information Commissioner State- State Chief Information Commissioner
- 21. POWERS OF I C s Receive complaints regarding No PIO appointed PIO refused to accept application Refused access Time limit expired Info incomplete or false Any other matter of RTI Can initiate inquiry Has powers like Civil Court Appeal to IC is 2 nd appeal, in 90 days Onus on PIO to prove refusal was justified
- 22. POWERS OF I C s (contd.) Can require the Public Authority to Provide information Appoint PIO Publish certain info Change practices relating to record management Enhance provision of training on RTI Compensate complainant I C can impose penalties
- 23. PENALTIES IF PIO WITHOUT REASONABLE CAUSE Refused to receive application Did not furnish info in time With malafide intention denied request Knowingly gave incorrect info or destroyed subject info Obstructed furnishing of info Then…
- 24. PENALTIES (contd.) Rs.250 per day up to Rs. 25000 till application taken/ information furnished Also, can recommend disciplinary action against PIO
- 25. REPORTING Each dept to furnish information annually to CIC regarding: No. of requests received No. of denials No of appeals to IC Particulars of disciplinary action taken Amount of charges collected Recommendations of reform Based on this, report of CIC will be tabled before Parliament
- 26. THANK YOU FOR YOUR PATIENCE! Susmita Srivastava, Dy.CAO/G/NWR