Why RTI ?
• To promote transparency & accountability in the working of every public authority
What is the date of enactment?
• 15.06.2005
When the act came into force?
• On 120th day of its enactment i.e. 12.10.2005
Why RTI act came into force after a long period?
• Since every public authority has to create an official website and publish the particulars about its organisation, functions, duties.
• Further names of the PIO, Appellate Authorities etc should be published
Who is eligible to get an information?
• Any Indian citizen can get information
How to make request for obtaining information?
• Orally (assistance to be given to reduce in writing,
• Writing
• Electronical form (Online)
In which language applicant can seek information?
• English, Hindi (or) Official Language of the area
Is there any prescribed format for seeking information?
• No
• But every public authority has to publish a proforma of applicationin their website for the convenience of applicants
Should reasons for seeking information be furnished?
• It is not required to furnish reason for seeking any informationunder
RTIact
Information means
o Records
o Documents
o Memos
o E-mails
o Opinions
o Advices
o Press releases
o Circulars
o Orders
o Data material in any electronic form
o Any Information relating to any private body which can be accessedby a public authority
Record
• Documents, files, manuscript,
• Microfilm, fax,
• Reproduction of film or images embodied in such film,
• Any other material produced by a computer or anelectronic device. Right to information
• Inspection of works, documents & records,
• take notes, extracts, certified copy of documents & records,
• Take certified samples of materials,
• 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;
Various Fees
Fee for seeking information
|
Rs 10/- per application
|
Fee for copy of records per page
|
Rs 2/- for A4 / A3 size paper, if itis larger than A3, actual cost
|
Fee for Samples / Models
|
Actual cost
|
In electronic form
|
Rs. 50/- per Diskettes / Floppy
|
Inspection of records
|
Free for first one hour &
Rs. 5/- per hour or part thereoffor each subsequent hours
|
Modes of payment
|
Cash against a proper receipt
DD / Cheque / IPO / Electronicmeans
|
The above fees are exempted for Citizens Below Poverty Line (Supporting documents should be furnished)
Time limit for furnishing Information:
30 days from the date of receipt of application.
48 hours if involves the life or liberty of a person.
40 days if involves the interests of a third party.
If no response is given by the public authority on RTI application within the time limit, the same treated as deemedrefusal
Obligation & time limit for CAPIO / other offices
Forward the application to concerned PIO within 5 days withintimation to the applicant
Proactive disclosures under RTI Act
Every Public Authority must proactively disclose the following:
• Particulars of the organization, its functions and duties;
• Procedure followed in its decision making process
• Norms set out for the discharge of its functions;
• Rules, regulations, instructions, manuals and records used by its employees for the discharge of its functions,
• Arrangement for consultation with or representation by thepublic, in policy formulation/implementation;
• Designate Public Information Officer to provide information to applicants
• Also to designate APIOs at sub-divisional/district level
• No bar on the number of such PIOs/APIOs
• Designate appellate authority for the first appeal within thepublic authority
Exemption from disclosures – Section 8(1)
a) Information which would prejudicially affect the sovereignty and integrity of
India
b) Information which has been expressly forbidden by any court
c) Information which would cause a breach of privilege of parliament/state legislature
d) Information relating to commercial confidence, trade secrets, thedisclosure which would harm the competitive position of a third party
e) Information available to a person in his fiduciary relationship.
f) Information received in confidence from foreign govt.
g) Information, the disclosure of which would endanger the life or physical safety of any person
h) Information which would impede the process of investigation orapprehension
or prosecution of offenders;
i) Cabinet papers including records of deliberations of the council ofministers, secretaries and other officers.
j) Information which relates to personal information, the disclosure ofwhich has no relationship to any public activity or interest, or whichwould cause unwarranted invasion of the privacy of the individual
Exemption fromdisclosures –Section 8(2)
Information comes under official secrets act, 1923
Section 9
Information which would infringe the copyright subsisting in a person
Section 10 (Severability)
Where a request for information is rejected vide sections 8/9above, access may be provided to that part of the recordwhich does not contain any information which is exempted from disclosure (provided that part can besevered without causing any damage to any part thatcontains exempt information)
Section-11 (Third Party Information)
CPIO intends to disclose, shall give a written notice to thirdparty within 5 days
Third party to make representation within 10 days.
CPIO shall make a decision keeping in view of thesubmission of third party
However the information may be disclosed if the publicinterest outweighs the harm or injury to be caused to the thirdparty.
If he prefer appeal, CPIO has to finalize based on the decisionof the
First AppellateAuthority
Appeals
If the applicant is not satisfied with the information received or if no information is provided by the PA within the prescribed time limit, hecan prefer appeals in following two stages.
Stageof appeal
|
Towhom
(AppellateAuthority) (AA)
|
Time limit withinwhich appealshould bepreferred by the applicant
|
Time limit for disposal of byAppellateAuthority
|
First
(Internal)
|
DesignatedDepartmental
Appellate Authority
|
30 days fromthe date ofdecision of PIO
|
30 to 45 days
|
Second
(External)
|
Central / StateInformationCommission (CIC/SIC)
|
90 days fromthe date ofdecision ofFirst AA
|
No limit
|
Penalities
Public Authority is liable to a fine of Rs 250/- per day, subject to amaximum of Rs. 25,000/- for
Not accepting an application;
Delaying information release without reasonable cause;
Malafidely denying information;
Knowingly giving incomplete, incorrect or misleading information;
Destroying information that has been requested; and
Obstructing furnishing of information in any manner.
SIC/CIC has the power to impose penalty & recommend for disciplinary action
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