Right To Information (RTI)
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Transcript of Right To Information (RTI)
A presentationA presentationonon
Right to Information Act, Right to Information Act, 20052005
When introducedWhen introduced
On 12 October, 2005On 12 October, 2005
Area of ExtensionArea of Extension
To the whole of India except the State To the whole of India except the State of of Jammu & KashmirJammu & Kashmir
Right to Information Act, 2005
Objectives of the RTI Act-Objectives of the RTI Act-
To empower citizen
To promote transparencyTo promote accountabilityContain corruption
Right to Information Act, 2005
What is information What is information
Records, documents, memos, e-mails, opinions, advices, press release, circulars, orders, logbooks, contracts, reports, papers, samples, models & all data held in any electronic form
Right to Information Act, 2005
Citizen’s rights- Citizen’s rights-
To seek information in a form in which it is maintained
Inspect work, documents and records
Take notes, extracts or certified copies
Take certified samples of material
Right to Information Act, 2005
Dos for the Public authorityDos for the Public authority Maintenance, updating and computerization of Maintenance, updating and computerization of
recordsrecords Suo motu disclosure preferably in public domainSuo motu disclosure preferably in public domain Publishing information pertaining to Section Publishing information pertaining to Section
4(1)(b) of the Act and regular updating of the 4(1)(b) of the Act and regular updating of the samesame
To designate SAPIO/SPIO/Appellate authorityTo designate SAPIO/SPIO/Appellate authority To organize educational programmeTo organize educational programme To organize trainingTo organize training Comply with the decision of State Information Comply with the decision of State Information
CommissionCommission
Right to Information Act, 2005
Salient featuresSalient features No reasons to be asked
Persons belonging to BPL category not to submit application fee or any cost for information but he/ she has to submit proof
Information deemed to be refused after lapse of prescribed period
No prescribed application format but should contain name and complete postal address of the applicant
Right to Information Act, 2005
Public authority-Public authority-
Not to create/interprete information
Not to furnish replies to hypothetical questions
Reshape the information
Not to “deduce” conclusion from the material and supply the “conclusion” to the applicant
Not to solve the problems raised by information seekers
Right to Information Act, 2005
Time period for supply of Time period for supply of informationinformation
If submitted to SPIO – 30 days from date of receipt
If life and liberty of a person is involved – 48 hours
If submitted to SAPIO - 35 days
Right to Information Act, 2005
Communication to the applicant Communication to the applicant should containshould contain
If application is rejected-If application is rejected- The reasons for rejectionThe reasons for rejection The particulars of appellate authorityThe particulars of appellate authority Time limit for filing appealTime limit for filing appeal
If additional fee is required-If additional fee is required- The details of cost with calculationThe details of cost with calculation Fact with regard to right of applicant to make Fact with regard to right of applicant to make
appeal against such additional feeappeal against such additional fee Particulars of appellate authorityParticulars of appellate authority
Right to Information Act, 2005
Intervening period to be Intervening period to be excludedexcluded
If applicant is asked to pay any additional If applicant is asked to pay any additional fee, the period intervening between the fee, the period intervening between the dispatch of intimation about such payment dispatch of intimation about such payment and actual payment by the applicant shall and actual payment by the applicant shall be excluded from the specified periodbe excluded from the specified period
Right to Information Act, 2005
Transfer of application/seeking Transfer of application/seeking assistanceassistance
To be done within 5 days if the information To be done within 5 days if the information pertains to the functioning of another public pertains to the functioning of another public authorityauthority
If assistance is sought by SPIO to another If assistance is sought by SPIO to another officer under the same public authority, the officer under the same public authority, the said officer will be deemed to be SPIO and said officer will be deemed to be SPIO and liable for contravention of the provisions of liable for contravention of the provisions of the Actthe Act
Right to Information Act, 2005
Supplying of information may be Supplying of information may be denied denied
If category of information belongs to section 8 & 9 of the RTI Act, 2005
b) 20 years have elapsed after occurrence of incident except in certain cases
Form in which information sought would disproportionately divert the resources of the Public authority
Cause harm to safety or preservation of records
a) But will be disclosed if public interest overweighs the harm of protected interest and
Right to Information Act, 2005
Whom to lie appeal withWhom to lie appeal with
First appeal – Before an Officer senior to the SPIO as notified
Second appeal – Before the State Information Commission
Right to Information Act, 2005
Appeal on what groundsAppeal on what grounds
a)First appeal –
If information not supplied by SPIO within specified period
Applicant not satisfied with information
b) Second Appeal – If 1st Appellate authority fails to pass
order within specified period
Appellant not satisfied with the order of 1st Appellate authority
Right to Information Act, 2005
Time period for filing appealsTime period for filing appeals
a) 1a) 1stst appeal- appeal- Within a period of 30 days from-Within a period of 30 days from- The date on which the time limit has expired forThe date on which the time limit has expired for
response from SPIOresponse from SPIO The date on which response of SPIO has been receivedThe date on which response of SPIO has been received
b) 2b) 2ndnd appeal- appeal- Within a period of 90 days from-Within a period of 90 days from- The date on which decision should have been made byThe date on which decision should have been made by
the 1the 1stst Appellate authority Appellate authority The date on which decision has been received by The date on which decision has been received by
appellantappellant
Right to Information Act, 2005
Supply of information to Supply of information to associationassociation
If application made by an If application made by an office-bearer/employee of any office-bearer/employee of any association/corporation/company/NGO etc. association/corporation/company/NGO etc. indicating the name and if he is a citizen of indicating the name and if he is a citizen of India, information to be providedIndia, information to be provided
Right to Information Act, 2005
Third party informationThird party information
Who is third partyWho is third party Any person other than the applicant and includes Any person other than the applicant and includes
a public authority other than the authority to a public authority other than the authority to whom information has been soughtwhom information has been sought
Right to Information Act, 2005
Procedure for providing Procedure for providing information relating to third partyinformation relating to third party
Within 5 days of receipt of application, SPIO to Within 5 days of receipt of application, SPIO to give written notice to the third partygive written notice to the third party
Within next 10 days, third party to make Within next 10 days, third party to make submissionsubmission
SPIO to take a decision within 40 days from SPIO to take a decision within 40 days from applicationapplication
SPIO to issue notice to third party if he wishes to SPIO to issue notice to third party if he wishes to provide informationprovide information
Appellate authority to be specified in the notice Appellate authority to be specified in the notice
Right to Information Act, 2005
Fees required to be paidFees required to be paid
a) Application fee- A court fee/NJ stamp a) Application fee- A court fee/NJ stamp paper/Demand draft/Banker’s paper/Demand draft/Banker’s cheque/Postal order of Rs. 10/-cheque/Postal order of Rs. 10/-
b) In case of electronic application, b) In case of electronic application, information to be provided only after information to be provided only after requisite application fee is depositedrequisite application fee is deposited
Right to Information Act, 2005
Additional fee for providing Additional fee for providing informationinformation
Rs. 2/- for each page of A3/A4 size paperRs. 2/- for each page of A3/A4 size paper Actual cost price for larger paperActual cost price for larger paper Rs. 5/- for each 15 minutes’ inspectionRs. 5/- for each 15 minutes’ inspection Rs. 50/- per diskette/FloppyRs. 50/- per diskette/Floppy
Right to Information Act, 2005
ComplaintsComplaints
May be filed to the State Information Commission if : Unable to submit application/appeal on grounds of refusal
SPIO/SAPIO/appellate authority not appointed
Access to information is refused
Not responded to within specified period
Fee considered unreasonable
Given incomplete, misleading or false information
Right to Information Act, 2005
Powers of State Information Powers of State Information CommissionCommission
May pass order to provide information
May require the Public authority to publish information
May order enhancement of provisions for training
May require to submit annual report
May order to compensate the complainant/appellant
May impose penalty on SPIO
May recommended disciplinary action against SPIO
Right to Information Act, 2005
T H A N K Y O UT H A N K Y O U
Right to Information Act, 2005