Welcome to Training Session on

Transcription

1 Welcome to Training Session on THE RIGHT TO INFORMATION (RTI) ACT 2005 AVINASH MURKUTE Faculty, RTI Worker and Freelance Writer January 31, 2015 Avinash Murkute Pune M:

2 Kindly Put Mobiles on Silent Mode It is said that power corrupts but actually its more true that power attracts the corruptible. No law or ordinance is mightier than understanding. If we understand everything, we must be misinformed. Let us go to learning mode and be a student again. January 31, 2015 Avinash Murkute Pune M:

3 The RTI Act 2005: Why-n-What An Act to provide for setting out the practical regime of Right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. January 31, 2015 Avinash Murkute Pune M:

4 The RTI Act 2005: When-n-Where This Act may be called the Right to Information Act, The RTI act 2005 was enacted by permission and authority of His Excellency, President of India. This act was enacted by the Parliament on and notified in the Gazette of India dated It extends to the whole of India except the State of Jammu and Kashmir. January 31, 2015 Avinash Murkute Pune M:

5 The RTI Act 2005: Who Who can exercise his / her right under The RTI Act 2005? The answer is: Subject to the provisions of this Act, all citizens shall have the right to information. January 31, 2015 Avinash Murkute Pune M:

6 The RTI Act 2005: Definitions What is Information? Information means any material in any form, including records, documents, memos, s, 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. January 31, 2015 Avinash Murkute Pune M:

7 The RTI Act 2005: Definitions What is Record? Record includes Any document, manuscript and file Any microfilm, microfiche and facsimile copy of a document Any reproduction of image or images embodied in such microfilm (whether enlarged or not); and Any other material produced by a computer or any other device January 31, 2015 Avinash Murkute Pune M:

8 The RTI Act 2005: Definitions Who is Public Authority? It is any authority or body or institution of self government established or constituted. 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 Government, and includes any-body owned, controlled or substantially financed, non- Government organization substantially financed, directly or indirectly by funds provided by the Govt. January 31, 2015 Avinash Murkute Pune M:

9 The RTI Act 2005: How How To Request Information? A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to public authority by providing contact details. Click to check Sample Application January 31, 2015 Avinash Murkute Pune M:

10 The RTI Act 2005: Fee Is There Any Fee To Seek Information? FEE TO BE ACCOMPANIED WITH THE RTI APPLICATION In case of central govt. departments, INR by way of cash under proper receipt, demand draft, bankers cheque, Indian postal order, money order or cash deposited at designated post offices. In case of state govt. departments, particularly in Maharashtra state, INR by way of cash under proper receipt, demand draft, banker s cheque, money order or court fee stamp. January 31, 2015 Avinash Murkute Pune M:

11 The RTI Act 2005: Process How Is Your Application Dealt? Public Information Officer (PIO) on receipt of a request, as expeditiously as possible, and in any case within thirty (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 like security, copyright, commercials, etc. January 31, 2015 Avinash Murkute Pune M:

12 The RTI Act 2005: Process January 31, 2015 Avinash Murkute Pune M:

13 The RTI Act 2005: Process January 31, 2015 Avinash Murkute Pune M:

14 The RTI Act 2005: Process January 31, 2015 Avinash Murkute Pune M:

15 The RTI Act 2005: Cost Does Information comes at a cost? Oh yes, because nothing is free. A4 or A3 size paper Fixed price materials Diskette or Floppy or CD Inspection cost Rs 2 for each page plus postage At printed cost plus postage Rs. 50 plus postage Free for first hour January 31, 2015 Avinash Murkute Pune M:

16 The RTI Act 2005: Machinery & Hierarchies You must know below terms well! APIO PIO AA IC SIC CIC DOPT Assistant Public Information Officer Public Information Officer Appellate Authority Information Commissioner State Information Commissioner Central Information Commissioner Department of Personnel & Training January 31, 2015 Avinash Murkute Pune M:

17 The RTI Act 2005: Machinery & Hierarchies Important offices for Ready Reference! Shri Wajahat Habibullah - Chief Information Commissioner Central Information Commission Block No. IV, 5 th Floor, Old JNU Campus, New Delhi Tel: (011) , Shri Suresh Joshi - State Chief Information Commissioner Maharashtra Information Commission 13 th Floor, New Administration Building, Opp. Mantralaya, Mumbai Tel: (022) Shri Vijay Kuwalekar - Information Commissioner Pune Division, New Administrative Building (Near Council Hall) Camp, Pune January 31, 2015 Avinash Murkute Pune M:

18 The RTI Act 2005: Appeals What if you don t get information requested? If you don t get proper response or requested information from public authority or from its pubic information officer within 30 calendar days, you can file complaint with Information Commission or file an appeal with first appellate authority. Similarly, you can file complaint or appeal (as above) for late response or for demand of cost of information which is unreasonable. January 31, 2015 Avinash Murkute Pune M:

19 The RTI Act 2005: First Appeal Where and how to file first appeal? You will have to move an appeal application along with the prescribed appeal fee. In Maharashtra, it is court fee stamp of INR 20/-. In Central Government offices, there is no fee. First appellate authority is the officer senior to public information officer. On receipt of your appeal, this appellate authority will call an explanation from PIO, might invite you to hear you and will pass an reasonable order within days. Click to check Sample Appeal January 31, 2015 Avinash Murkute Pune M:

20 The RTI Act 2005: Second Appeal Where and how to file Second appeal? If you are not satisfied with response of public information officer and order passed on your appeal by first appellate authority of particular public authority, you can file second appeal with State Information Commissioner or Central Information Commissioner, as the case may be. There is no prescribed time limit for getting response or order at this level. Too many cases are piled up with these offices. January 31, 2015 Avinash Murkute Pune M:

21 The RTI Act 2005: Imp. Sections The RTI Act has more than 30 sections and its subsections. In order to get response every time, one must study all sections and amendments in the act from time to time. Section 3: All citizens have the right Section 4: Proactive disclosures by authorities Section 6: Request for obtaining information Section 7: How your requests will be treated Section 8: Exemptions Section 19 (1): First appeal Section 19 (3): Second appeal Section 20: Penalties and Disciplinary actions January 31, 2015 Avinash Murkute Pune M:

22 Section 4: Obligation of PA Every PA shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this act and ensure that all the records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated. January 31, 2015 Avinash Murkute Pune M:

23 Section 4: Publish within 120 days 1) Particulars of organization, function and duties 2) The powers and duties of its officers and employees 3) The procedure followed in the decision making process, including channels of supervision and accountability 4) The norms set by it for the discharge of its functions 5) The rules, regulations, instructions, manuals, and records, held by it or under its control or used by its employees for discharging it functions 6) A statement of categories of documents that are held by it or under its control January 31, 2015 Avinash Murkute Pune M:

24 Section 4: Publish within 120 days 7. The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof. 8. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible for public 9. A directory of its officers and employees January 31, 2015 Avinash Murkute Pune M:

25 Section 4: Publish within 120 days 10. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations 11. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures, and reports on disbursements made 12. The manner of execution of subsidy programs including the amounts allocated and the details of beneficiaries of such programs. 13. Particulars of recipients of concessions, permits or authorization granted by it. January 31, 2015 Avinash Murkute Pune M:

26 Section 4: Publish within 120 days 14. Details in respect of the information, available to or held by it, reduced in an electronic form 15. The particulars of facilities available to citizens for obtaining information, including the working hours of a library room, if maintained for public use. 16. The names, designations and other particulars of the Public Information Officers 17. Such other information as may be prescribed; and thereafter update this publication every year. January 31, 2015 Avinash Murkute Pune M:

27 Section 8: Exempted Organizations IB, RAW of the Cabinet Secretariat DRI, Central Economic Intelligence Bureau Directorate of Enforcement Narcotic Control Bureau Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau Special Branch (CID) Andaman & Nikobar The Crime Branch (CID-CB) Dadra and Nagar Haveli Special Branch, Lakshadweep Police January 31, 2015 Avinash Murkute Pune M:

28 Information can not be shared Sovereignty and Integrity Of India Prevented by courts Breach of privilege of Parliament Trade secret, Intellectual property Fiduciary relationship Info received from foreign Government Life and physical safety of any person Issues under investigation Cabinet papers Invasion in privacy January 31, 2015 Avinash Murkute Pune M:

29 Q&A - Contact Doubt is the key to knowledge. Avinash Murkute Avinash Murkute Galaxy4u, Bavdhan Budruk, Pune India Mobile: avinash.murkute@gmail.com Web: Please refer the official publication, The Gazette of India, for all meanings, discrepancies, etc. Same is available at any Government Press. This presentation and illustrations is just an introduction to The RTI act 2005 for training and awareness purposes only. January 31, 2015 Avinash Murkute Pune M: