Right to Information Act - 2005

A.K.RAY
PLM P-1

Why right to information ?

Information gathered by public officials at public expense is owned by public. . -Joseph E Stiglitz (1999)

Sec-3(1) RTI Act -Every citizen has right to information. Sec6(2) RTI Act-No reason is required to be given by citizen. P-2

International experiences

Initial legislation in Sweden in 1766 called Freedom of Press Act 1966: Freedom of Information Act in US 2000- Freedom of Information Act in UK By now, about 80 countries have legislation on freedom of informationP-3

Indian experience

Prior to RTI Act, Some of the states had their own act1996: Tamil Nadu, 1997: Goa, 2000: Karnataka, 2000: Maharashtra, Rajasthan, 2001: Delhi & Assam 2002: MP, 2004: J&K Freedom of Information Act-2002 RTI is Master key to good governance-2nd ARC

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Objectives

To set out a practical regime of right to information for citizens To secure access to information under the control of public authorities To promote transparency and accountability in the working of every public authority To contain corruption To increase citizens awareness and ability to exercise their other rights To equip them to participate meaningfully in the development process P-5

Coverage-2(h)

All PUBLIC AUTHORITIES: which means:

Any body constituted under the Constitution or a law made by Parliament or State Legislatures. Any body constituted by a notification or order issued by the Central and State Governments. Any body owned, controlled or substantially financed by the Central Government or the State Government. P-6

Exclusions (Sec-24)

Intelligence and security organisations established by the Central or State Governments as notified from time to time. However, information relating to alleged corruption or human rights violations is not exempted from disclosure
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Obligations of Public Authorities (Sec 4)

OBLIGATIONS TO MAINTAIN RECORDS; PROACTIVE DISCLOSURE; INFORMATION ABOUT POLICIES & DECESSIONS; REASON TO AFFECTED PARTY; CONSTANT ENDEAVOUR ; APPOINTMENT OF PIO/APIO/1st AA. P-8

What is Information?

Information means any material in any form including records, documents, memos, e-mails, 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 -Section 2(f)
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Scope of the Right to Information2(j)

Right to information includes the right to :

inspection of work, documents, records; taking notes, extracts or certified copies thereof; 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;

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REQUEST ?
DIVISION

CPIO APIO

1st APPELATE ADRM

RAILWAY

ZONAL

CPIO APIO

1st APPELATE AGM

2nd APPELATE CIC

RLY-BOARD

CPIO APIO
* Now 3PIOs & 3AAs in Rly. Board.

1st APPELATE AM-C*

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Sec-7 C I T I Z E N
To To The The PIO PIO ----------- --------------------- -----------

R E Q U E S T

NO FEE

Add. Fee
Transfer

PIO
N O N B LP

Seeking

3rd party

WITH FEE
Rejection

Sel Sel ff

APIO

I N F O R M A T A T I O N

RTI-ISTM-WS/PRDP/SEP-OCT

Hindi, English or Official language Of area .

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Third party Information:Sec11

Third party: means a person other than citizen making a request for information and includes a public authority.[Sec:2(n)] Citizen 1st party Information Person
(affected) 3rd party

PIO
2nd party

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FEE- STRUCTURE RTI (Regulation of Fee& Cost) Rules2005

Inspection Inspectionof of document document = =No Nofee fee1st 1sthour hour Rs.5/hr. Rs.5/hr.there there after after

Information Information (Electronic (Electronic Form) Form)= =Rs.50/ Rs.50/ Diskette Disketteor or Floppy Floppy. .

Certified Certified Copy Copyof of Documents Documents = = Rs.2 Rs.2/copy /copy

Certified Certified Samples Samplesof of material = material = Actual ActualCost Cost

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Response Time (Section-7)

30 days from the date of application . 35 days incase of application received through APIO on transfer. 40 days if involves the interests of a third party. 48 hours if involves the life or liberty of a person.
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What should not be given ? [sec-8(1)]

Information which would prejudicially affect sovereignty and integrity of India; security/strategic/scientific/economic interests of the State; relation with foreign State ;

Information which might incite an offence

Information which is forbidden by a court; Information which causes a breach of privilege of the Legislature; Information which would harm the competitive position (commercial confidence, trade secret & copy right) of a third party, subject to larger public interest; Information which is held in fiduciary relationship, subject to larger public interest;

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Exemptions (contd.)

Information received in confidence from foreign Government; Information disclosure of which would endanger the life of any person; Information disclosure of which would impede the process of investigation; Cabinets paper; Personal information which has no relationship to any public activity or interest; Information disclosure of which would involve an infringement of copy right.(Sec-9) P-17

Not satisfied with response of PIO

Go for /Complaint PIO
30 Days*

Appeal
Ist appeal ADRM/AGM AM (C )

90 Days*

CIC

*30/90 days time period can be extended on legitimate ground. **Memo of appeal can be routed through APIO/PIO

DISPOSAL OF APPEAL
Within 30 days extendable further by 15 days .

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QUANTUM OF PUNISHMENT
Penalty of Rs.250 per day up to Rs. 25000 will be imposed over PIO till application taken /information furnished by PIO.[Sec-20 ]

Disciplinary action can also be recommend against PIO. Deemed PIO: If assistance has been sought from other
officer u/s 5(4)then for any contravention/ delay ,other officer shall treated as deemed PIO.

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Supremacy of RTI Act

Sec-22 :The provisions of this act shall have effect notwithstanding any thing inconsistent there with contained in Official Secret Act-1923 and any other law time being in force.
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Pre rti : complete secrecy

Official secret Act-1923[Sec-5]: Willful disclosure of information by any person in possession or control of secret official information. Any person to whom official information has been interested in confidence. Any person obtaining or having access to information owing to his holding any office (present or past), or Any person holding any government contract or any person holding any office under any of these persons. Information provider and receiver both will be offenders.

Official Secrecy

INDIAS RANKING IN WORLD IN CORRUPTION

RELAXATION FROM OFFICCIAL SERECY

Where as the Disclosure of Public Interest and Protection of Informer Bill2002 is under consideration, Government resolved here under: Clause-1. CVC is hereby authorized as designated agency to receive complaint relating to corruption or misuse of office.. . Clause-3. Notwithstanding any thing contained in Official Secret Act-1923 any Public Servant except those referred under Art 33(a)-(d)of Indian Constitution or any other person including NGO may make a written disclosure to designated agency .
Ref:;(DoPT:No-371/12/2002-AVD-III ,Dt.21.04.04)

Secrecy & Railways

Railway Service Conduct Rule -1966

Rule No. 11 :Communication of official Information :No railway servant, shall except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him communicate, directly or indirectly, any official document or any part thereof or information to any Government or railway servant or any other to whom he is not authorized to communicate such document or information. Explanation-Quotation by a railway servant (in his representations to official superior authorities of or from any letter, circular or office memorandum or from the notes on any file to which he is not authorised to have access or which he is not authorised to keep in his personal custody or for personal purposes) shall amount to unauthorised communication of information within the meaning of this rule.

Post RTI :

Rly. Service Conduct Rules -1966

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Rule No. 11: Communication of Official Information.Every Railway servant shall, in performance of his duties in good faith, communicate information to a person in accordance with the Right to Information Act, 2005 (22 of 2005) and the rules made there under: Provided that no Railway servant shall, except in accordance with any general or special order of the Government or in performance in good faith of the duties assigned to him communicate, directly or indirectly, any official document or any part thereof or classified information to any Railway servant or any other person to whom he is not authorized to communicate such document or classified information. (Amnd Dtd:21-02-2006)

Highest Users

REPORT- CARD
Railways(90/%),Ministry of Enviorment(70%) are top two good compliers. Delhi police is at bottom in compliance. Amongst states, Meghalaya is at top while Delhi & Rajsthan at bottom in compliance. In state ,about 50% have no copy of RTI Act-20005,37% have not undergone any training & 27% pleaded unfamiliarity with the Act.

This is the truth: If you can believe !

Truth about the ACTION must be known Truth about the INACTION must be known; Truth about the PROHIBITED ACTION must be known Mysterious are the ways of ACTION

(Bhagavadgita

Chap. 4)

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