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An Overview of

RTI an overview 1
Said that…

The real Swaraj will come not by the acquisition of


the authority by a few, but by the acquisition of the
capacity by all to resist when abused.

RTI an overview 2
CONSTITUTIONAL
OBLIGATIONS

RTI an overview 3
● penal provisions for failure to provide
information, as per law

● Provisions to ensure maximum disclosure and


minimum exemptions, consistent with the
constitutional provisions.

● effective mechanism for access to information


and disclosure by authorities

RTI an overview 4
………to provide effective
framework for effectuating
right to information recognized under

Article 19 of the constitution of India.

Fundamental Right

RTI an overview 5
Information is necessary for
-to form and express opinions,
dissent or support on any
matter. It is therefore a part of
Article 19 (1)(a)

RTI an overview 6
Information is necessary for
-protection of the right to life
and liberty. It is therefore a
part of Article 21

RTI an overview 7
What is Right to Information?

Asking for and being given


information as a matter of right is
called “Right to Information”

RTI an overview 8
The Right to Information Act –
 Establishes a process for accessing
information held by public authorities
 Ordinarily places an obligation on them to
give information
 Provides a grievance redressal mechanism
for citizens who have been denied
information in an unreasonable manner

RTI an overview 9
Manmohan Singh said that..
I believe that the passage of this bill will see
the dawn of a new era in our processes of
governance, an era of performance and
efficiency, an era which will ensure that
benefits of growth flow to all sections of our
people, an era which will bring the common
man’s concerns to the heart of all processes
of governance, an era which will truly fulfill
the hopes of the founding fathers of our
republic.
RTI an overview 10
The RTI Bill
Objects and Reasons

 to make the FOIA 2002 more progressive,


participatory and meaningful

 to establish an appellate machinery with


investigating powers to review decisions of the
public information officers

RTI an overview 11
HISTORY

RTI an overview 12
Status of RTI Laws on the Planet

RTI an overview 13
FOI Laws in the World
 Sweden 1766
 Colombia 1888
 Finland 1951
 U.S.A 1966
 Denmark, Norway 1970
 France 1978
 Australia, New Zealand 1982
 Canada 1983
 U.K. 2005
So far, more than 86 countries have passed FOI laws. And
aprrox.43 countries are in progress for the same.
RTI an overview 14
RTI Laws in India

 Tamilnadu, Goa 1977


 Rajasthan, Karnataka 2000
 Delhi 2001
 Maharashtra, Assam 2002

 Madhyapradesh 2003
 Jammu and Kashmir 2004

RTI an overview 15
 23.12.2004 the RTI Bill introduced in the

Lok sabha

 11.05.2005 Loksabha passed the RTI Bill

 12.05.2005 Rajyasabha passed the RTI Bill

RTI an overview 16
 15.06.2005 The President gave assent to the
Act; few provisions came into
force

 21.06.2005 RTIA published in the Gazette of


India, Part II, Sec.1 Ext.No.25

 12.10.2005 RTIA came fully into force

RTI an overview 17
Right to Information

An act which will be


implemented by the
people and acted upon
by the government.
RTI an overview 18
Aim of the Act
 To set out the practical regime of right to
information for citizens
 To secure access to information under
control of Public Authorities
 To promote transparency and accountability
 To contain corruption

RTI an overview 19
THE RIGHT TO
INFORMATION ACT, 2005
Provisions

RTI an overview 20
Sections under RTI Act, 2005

Section Particulars
1 Short title, Extent and Commencement

RTI an overview 21
[Section 1(1)]

THE RIGHT TO
INFORMATION ACT,
2005
RTI an overview 22
Section 1(2) Extent –except J.&K.

RTI an overview 23
Section-1(3)

 Total 31 Sections, 2 Schedules


 Immediately (i.e. within 120days
from 15-06-2005)
 Section 4(1), 5(1), 5(2), 12, 13,
15, 16, 24, 27 & 28
 Rest
 From 12-10-2005
RTI an overview 24
Sections under RTI Act, 2005

Section Particulars
2 Definitions

RTI an overview 25
competent authority
means-
the Speaker in the case of the House of the
People or the Legislative Assembly of a State
or a Union territory having such Assembly
and
the Chairman in the case of the Council of States
or Legislative Council of a State;

Section - 2 (e)

RTI an overview 26
…competent authority
means-

the Chief Justice of India in the case of the


Supreme Court;

the Chief Justice of the High Court in the case of a


High Court;

Section - 2 (e)

RTI an overview 27
…competent authority
means-

the President or the Governor, as the case may


be, in the case of other authorities established or
constituted by or under the Constitution;

the administrator appointed under article 239 of


the Constitution;

Section -2 (e)

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…public authority
means-
any authority or body or institution of self-
government established or constituted-
(a)by or under the constitution
(b)by any other law made by parliament
(c)by any other law made by state
legislature
(d) by notification issued or order
made by the appropriate Government,
Section - 2 (h)
RTI an overview 29
…and includes any-
(i) body owned, controlled or
substantially financed;

(ii) non-Government organisation


substantially financed, directly
or indirectly by funds provided
by the appropriate
Government;
Section - 2 (h)

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information
means-
any material in any form,
including

● records
● documents
● memos
● e-mails
● opinions
● advices
● press releases Section - 2(f)

RTI an overview 31
…information
means-

● circulars
● orders
● logbooks
● contracts
● reports
● papers
● samples
● Models
● data material held in any electronic form
Section - 2(f)
RTI an overview 32
…information
means-
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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record
includes-

(a) any document, manuscript and file;

(b) any microfilm, microfiche and facsimile copy


of a document;

Section - 2(i)

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…record
includes-

(c) any reproduction of image or images


embodied in such microfilm (whether enlarged
or not)

(d) any other material produced by a computer


or any other device;

Section - 2(i)

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right to information
means-

the right to information


accessible under this Act
which is held by or
under the control
of any public authority …

Section – 2(j)

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…right to information
includes the right to-

i. inspection of work,
documents, records;

ii. taking notes, extracts or certified copies of


documents or records;

Section – 2 (j)

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…right to information
includes the right to-

iv. 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;
Section – 2 (j)
RTI an overview 38
third party
means

a person other than the citizen


making a request for information
and
includes a public authority.
Section - 2(n)

RTI an overview 39
Sections under RTI Act, 2005

Section Particulars
3 Right to Information

RTI an overview 40
[Section 3]
All citizens shall have the

Right
To
Information
RTI an overview 41
Sections under RTI Act, 2005

Section Particulars
4 Obligations of Public Authorities

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Obligations of public authorities

Section - 4(1) (a)


Every public authority shall
maintain all its records
duly catalogued and indexed
in a manner and the form
which facilitates the right to
information under this Act ……….
RTI an overview 43
Obligations of public authorities

and ensure that all records


that are appropriate
to be computerised are,
within a reasonable time
and subject to availability
of resources,computerised
And connected through
A Network all over the
Country on different
Systems so that access to
such records is facilitated
RTI an overview 44
Proactive Disclosure Sect.4(1)(b)

– Will create a culture of openness

– There is (almost) nothing to hide

RTI an overview 45
Items For Pro-Active Disclosure

Publish & update timely

1. Particulars of organization/ functions and duties

2. Powers and duties of officers / employees

3. Procedure followed for decision making

4. Norms set for discharge of functions


RTI an overview 46
Items For Pro-Active Disclosure

5. Rules/regulations/instructions/manuals/records

held

6. Categories of documents held by it

7. Arrangements for citizen consultations

8. Details of boards, Councils, Committees, etc.

RTI an overview 47
Items For Pro-Active Disclosure

9. Directory of officers and employees


10. Monthly remuneration received by
officers and employees
11. Budget, Plan and expenditure details
12. Manner of execution of subsidy
programs
13. Concession details
RTI an overview 48
Items For Pro-Active Disclosure

14. Details of material in electronic form held


by the office

15. Facilities available to citizens

16. Details of PIOs

17. Such other information as prescribed


RTI an overview 49
Proactive Disclosure

 Prepare in totality what can be published in each

office/at each level (state level, district level, &

below district level-cutting edge level)

 First publish what is mandatory

 Update every year -1st of May

 Certified by the controlling officer -30th June


RTI an overview 50
Sections under RTI Act, 2005

Section Particulars
5 Designation of PIO

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Public Information Officers (PIO)
[Section-5(1), 5(2)]
 As many officers as necessary
 Appellate Authority (AA)
 Public Information Officers (PIO)
 Assistant Public Information Officers
(APIO)

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Deemed PIO

 An officer whose assistance is sought by the

Public Information Officer in the discharge of

his duties,

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Deemed PIO

 Shall render all assistance to the PIO

 And shall be treated as a Public Information

Officer for purposes of contravention of any

provisions of the Act

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Duties of APIO

 Receive applications for information or

appeals under the Act

 Forward the same to the Public Information

Officer or senior officer or the State

Information Commission as the case may be

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Precautions

 Maintain Proper Registers


Receipt of Application

Transfer of Application

Partly Transfer of Application

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Precautions

 Maintain Proper Registers


Deemed PIO

Rejection

Intimation for Fee

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Precautions

Provide ‘oral’ guidance for


already disclosed
information to reduce
written request.
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Sections under RTI Act, 2005

Section Particulars
6 Request for obtaining Information

RTI an overview 59
[ Gujarat RTI Rules 22-03-2010]

Forms
A,B,C,D,E
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Forms [ Gujarat RTI Rules 2010 ]

Form Particulars Useful to

‘A’ Application for Information Applicant


Information to applicant to
deposit Fee and charges
‘B’ for required Information PIO

Supply and /or reject ion


‘C’ of information to the PIO
applicant
RTI an overview 61
Forms [ Gujarat RTI Rule s 2010]

Form Particulars Useful to

Transfer of Application
‘D’ pertaining to another PIO
public authority

‘E’ Form of first appeal Applicant

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Sections under RTI Act, 2005

Section Particulars
7 Disposal of Request

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Provide Information or Reject
[Section-7(1)]

Within 30 days of
receipt of
application
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How to calculate 30 days ?
[Section-7(3)(a)]

 From date of receipt of application

 “Dispatch-Payment” Duration

Excluded.

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Provide Information or Reject
[Section-7(1)]
 Within 48 hours of receipt of request if
concerns to

Life
Liberty
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Intimate the Applicant
[Section-7(3)(a), 7(3)(b), 7(3)(c)]

To deposit fee


Details
Costing
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Fee Structure
[ Rule 5(1)(a) to 5(1)(b) ]
No. Particulars Rs.

Application Fee (Non Refundable)


1 (WITHIN 7 DAYS IF 20=00
ELCTRONICALLY APPLIED)

2 Publication Actual Price


2=00 per page
Where a separate system or
3 A4, A3 Size Paper procedure for fees/charges
does not exist in a public
authority

4 Large Size Paper Actual Cost


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Fee Structure
[ Rule 5(1)(a) to 5(1)(b) ]
No. Particulars Rs.

5 Sample, Model, Photographs Actual Cost


--- Nil ---
Where a separate system or
6 Record Inspection (1st half hr) procedure for fees/charges does not
exist in a public authority

20=00
Where a separate system or
7 Record Inspection (each half hr) procedure for fees/charges does not
exist in a public authority

8 Floppy / C.D. 50=00


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Cash
RS DD

STF PO

Application
ES fee --Mode TC
Payment

JSP IPO

CFS NJS
NJSP

70
Cash

IPO DD
Information
fee—
Mode of
Payment

TC PO

71
CROSSED
CHEQUE/DD/PO/PAY ORDER
 SHOULD BE IN FAVOUR
OF GOVT. OF GUJARAT
OR
 IN THE NAME OF PUBLIC
AUTHORITY IN CASE OF
DEPT. OTHER THAN GOVT.
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No Fee for

[Section-7(5)]

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Deposition of fees to Govt.
account
Major Head
0070-other Administrative
services
Sub Major Head 60- other Sevices

Minor Head 800- other receipts


(17)-fees and other charges
Sub Head
under the RTI Act/Rules

RTI an overview 74
How should the Govt. office respond

 On failing to respond in time , it is

deemed as refusal

 Intimate the applicant to pay the

relevant fee for information


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How should the Govt. office respond

If information given after time

limit, then it will be given free

of charge
RTI an overview 76
Provide Information or
Reject or Transfer

Inform by
R.P.A.D.
Hand Delivery
RTI an overview 77
If rejected…
[Section-7(8)(i) to 7(8)(iii)]

Reasons for rejection

Period for appeal

Particulars of AA
RTI an overview 78
PIO to Develop

Skill of Writing
‘Quasi-judicial’
orders
RTI an overview 79
Sections under RTI Act, 2005

Section Particulars
8 Exemption from Disclosure of Information

Ground for Rejection to Access in Certain


9
Cases

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Exemption from disclosure of information
There shall be no obligation to give any citizen-

(a) information, disclosure of which would


prejudicially affect
the sovereignty and integrity of India,
the security, strategic, scientific or economic
interests of the State,
relation with foreign State or
lead to incitement of an offence.
Section - 8 (1)(a)

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‘Human Right’ overrides
But
Nation’s ‘Sovereignty’,
‘Integrity’ & ‘Security’
overrides ‘Human Right’.
RTI an overview 82
(b) information which has been expressly
forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute
contempt of court.
(c) information, the disclosure of which would
cause a breach of privilege of Parliament or the
State Legislature.

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(d) information including commercial
confidence, trade secrets or intellectual
property, the disclosure of which would
harm the competitive position of a third
party, unless the competent authority is
satisfied that larger public interest
warrants the disclosure of such
information;

RTI an overview 84
(e) information available to a person in his

fiduciary relationship, unless the

competent authority is satisfied that the

larger public interest warrants

the disclosure of such information


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(f) information received in confidence from
foreign Government.

(g) information, the disclosure of which would


endanger the life or physical safety of any
person or identify the source of information or
assistance given in confidence for law
enforcement or security purposes.
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(h) information which would impede the process of

investigation or apprehension or prosecution of

offenders;

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(i) cabinet papers including records of
deliberations of the Council of Ministers,
Secretaries and other officers:

But the decisions of Council of Ministers, the


reasons thereof, and the material on the basis of
which the decisions were taken shall be made
public after the decision has been taken, and the
matter is complete, or over.

RTI an overview 88
(j) information which relates to personal
information the disclosure of which has no
relationship to any public activity or interest, or
which would cause unwarranted invasion of the
privacy of the individual unless the PIO is
satisfied that the larger public interest justifies
the disclosure of such information…….

RTI an overview 89
…that the information which cannot

be denied to the Parliament or a

State Legislature shall not be

denied to any person.

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Section - 8(2)
Notwithstanding anything in the Official Secrets act
nor any of the exemptions permissible in
accordance with Section - 8 (1),
a public authority may allow access to information,
if public interest in disclosure outweighs the
harm to the protected interests.

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PIO to Carry Out

Public Interest
V/s
Harm
RTI an overview 92
In the Interest
of Public

Protection
Benefit to
of Public’s
Public
Legal Rights
Public
Interest

Common General
Well-being Welfare

RTI an overview 93
Section - 8(3)
Subject to the provisions of clauses (a), (c) and (i)
of Section - 8(1),any information relating to any
occurrence, event or matter which has taken
place, occurred or happened twenty years
before the date on which any request is made
shall be provided to the requester…

RTI an overview 94
The decision of the Central Government shall be

final on questions as to the date from which the

said period of twenty years has to be computed,

subject to the usual appeals.

RTI an overview 95
Section - 9
PIO may reject a request for
information where such a request
for providing access would involve
an infringement of copyright
subsisting in a person other
than the State.

RTI an overview 96
Sections under RTI Act, 2005

Section Particulars
10 Severability

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Severability
[Section10(1)]

“Partly Access”
[ in context to Section 8 & 9 ]

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Severability
[Section 10(2)(a) to 10(2)(e)]
 Give Notice to the Applicant
“Partly” access
Reasons
PIO’s Name & Designation
Details of Fees
Details of AA & Time Limit
RTI an overview 99
Sections under RTI Act, 2005

Section Particulars
11 Third Party Information

RTI an overview 100


[Section-11]

“Third Party”
Information
[ TP = Other than Citizen, but includes P.A. ]

RTI an overview 101


“Third Party” Information
 Other than “citizen”, but includes “Public Authority” also.
 Written Notice to TP, within 5 days, for ‘confidential’
information
 TP’s submission within 10 days
 Orally
 Written

 View TP’s reply while taking a decision


 Time Limit : 40 days
 Details of AA

RTI an overview 102


“Third Party” Information
[Section-11(1)]
 Disclosure must not be allowed
 If Trade / Commercial Secrets are protected
by law

 Disclosure may be allowed for ‘rest’


information
 If Public Interest > Third Party Interest

RTI an overview 103


Sections under RTI Act, 2005

Section Particulars
Constitution of Central Information
12
Commission
Terms of Office and Conditions of Service
13
(CIC)

RTI an overview 104


Sections under RTI Act, 2005

Section Particulars
Removal of Chief Information
14 Commissioner or Information
Commissioner
Constitution of State Information
15
Commission

RTI an overview 105


Sections under RTI Act, 2005

Section Particulars
Terms of Office and Conditions of
16
Service (SIC)
Removal of Sate Chief Information
17 Commissioner or State Information
Commissioner

RTI an overview 106


Sections under RTI Act, 2005

Section Particulars
Powers and Functions of Information
18
Commission

RTI an overview 107


Powers & Functions of I.C.
[Section-18(1)(a)]
 To Receive & Inquire complaints if…
No officer is appointed
Refused to accept
Application
Appeal
RTI an overview 108
Powers & Functions of I.C.
[Section-18(1)(b), (c), (d)]
 To Receive & Inquire complaints if…
 Information not given
 Information not given IN TIME
 Unreasonable fee asked
 Incomplete Information
 Misleading Information
 False Information
 Initiate inquiry, if SIC is satisfied
RTI an overview 109
Powers & Functions of I.C.
[Section-18(3)]
 Power of Civil Court
 Issuing Summons
 Compel them to give oral or written evidence on Oath
 Inspection of Documents
 Receiving evidence on Affidavit
 Examine any ‘public record’ from any
 Court
 Office

RTI an overview 110


Sections under RTI Act, 2005

Section Particulars
19 Appeal

RTI an overview 111


Appeal
[ Section 19(1), (2), (3), (4), (5), (6), (7) ]
Sr.
No.
Particulars 1st Appeal 2nd Appeal
1 By whom ? Applicant / TP Applicant / TP
2 To whom ? AA SIC
3 Time Limit (Days) 30, >30 90, >90
4 Disposal (Days) 30, 45 (max.) No Time Limit
5 Decision binding ? Not Specified Yes
6 Burden of Proof on PIO PIO

RTI an overview 112


Appeal
[Section 19(5)]

Burden of Proof on

PIO
RTI an overview 113
Appeal
[Section 19(8)(a)]
 SIC is empowered to instruct P.A. to

Access Information
Appoint PIO
Publish Information

RTI an overview 114


Appeal
[Section 19(8)(a)]
 SIC is empowered to instruct P.A.
to make changes in
Maintenance
of
Management
Information
Destruction
RTI an overview 115
Appeal
[Section 19(8)(b), 19(8)(d)]
 SIC is empowered to instruct P.A.
 For Loss compensation
 To Impose Penalties
 To Reject Application
 SIC to decide appeal as per
 “Prescribed Procedure”

RTI an overview 116


Appeal
[Section 19(9)]
 SIC will inform / give notice to

Complainant

Public Authority

RTI an overview 117


Sections under RTI Act, 2005

Section Particulars
20 Penalties

RTI an overview 118


Penalties
[Section-20(1)]

Rs. 250=00 per day till the


information is given
Maximum Rs. 25000=00

RTI an overview 119


Penalties [Section 20(1)]
Commission verifies if information
was…
 withheld without any reasonable
cause
 refused to receive an application for
information
 not furnished information in specified
time
RTI an overview 120
Penalties [Section 20(1)]
Commission verifies if information
was…
 Malafidely denied
 knowingly given incorrect /
incomplete / misleading
 destroyed
 obstructed in any way from being
furnished

RTI an overview 121


Penalties [Section 20(2)]

 SIC at the time of deciding any


complaint or appeal shall
recommend for disciplinary
action against the PIO under
the service rules applicable to
him , as the case may be.
RTI an overview 122
Sections under RTI Act, 2005

Section Particulars
21 Actions taken in Good Faith

RTI an overview 123


[Section – 21]

Action
in
Good Faith
RTI an overview 124
Action in Good Faith

An action
which is
honestly done
RTI an overview 125
Action in Good Faith

PROPMT,
JUST,
FAIR,
RTI an overview 126
Action in Good Faith

REASONABLE,
EQUITABLE,
BONAFIDE
RTI an overview 127
Sections under RTI Act, 2005

Section Particulars
22 Act to have overriding effect

23 Bar of Jurisdiction of Court

RTI an overview 128


Sections under RTI Act, 2005

Section Particulars
24 Act not to apply to Certain Organisations

RTI an overview 129


Act shall not apply to Certain
Organisations [Section-24(1), 24(4)]

 Except…
The allegations of corruption
Human Rights Violations
 Approval of CIC / SIC
 45 days

RTI an overview 130


Act shall not apply to Certain
Organisations [Section-24(1)]

List of 25 Organisations
of
“The Second Schedule”
RTI an overview 131
Act shall not apply to Government of India’s
following 25 Organisations

Central Economic Intelligence


Intelligence Bureau
Bureau

Research and Analysis Wing of Directorate of Enforcement


the cabinet Secretariat

Directorate of Revenue
Narcotics Control Bureau
Intelligence

RTI an overview 132


Act shall not apply to Government of India’s
following 25 Organisations

Aviations Research Center Central Reserve Police Force

Special Frontier Force Indo-Tibetian Border Police

Border Security Force Central Industrial Security Force

RTI an overview 133


Act shall not apply to Government of India’s
following 25 Organisations

Directorate General of Income


Assam Rifles
Tax (Investigation)

National Security Guards National Technical Research


Organisation

Shastra Seema Bal Financial Intelligence Unit , India

RTI an overview 134


Act shall not apply to Government of India’s
following 25 Organisations

Special Protection Group Border Road Development Board

Defense Research Development National Security Council


Organisation Secretariat

Central Bureau of Investigation National Investigation Agency

National Intelligence Grid

RTI an overview 135


Act shall not apply to Gujarat Government’s
following 11 Organisations

State Intelligence Bureau Local Crime Branch

Criminal Investigation
Special Branch of Home Dept.
Department

Anti Terrorist Squad Forensic Science Laboratory

Commando Unit Police Commission rate's

Border Wing Home Guard special Branches :

State Reserve Police Force Detection of Crime Branch

Local Intelligence Branch Prevention of Crime Branch

RTI an overview 136


Sections under RTI Act, 2005

Section Particulars
25 Monitoring and Reporting

Appropriate Government to prepare


26
Programmes
Powers to make Rules by Appropriate
27
Government

RTI an overview 137


Sections under RTI Act, 2005

Section Particulars
Powers to make Rules by Competent
28
Authority

29 Laying of Rules

30 Power to remove difficulties

RTI an overview 138


Sections under RTI Act, 2005

Section Particulars

31 Repeal

RTI an overview 139


Schedules under RTI Act, 2005

Schedule Particulars

Form of Oath or Affirmation to be


made by The CIC / IC . SCIC /
First SIC
[See [Section-13(3) & 16]

RTI an overview 140


Schedules under RTI Act, 2005

Schedule Particulars

Intelligence & Security


Organisations established by the
Second
Central Government
[See [Section-24]

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R.T.I. Cell S.I.C.

Deputy Secretary / Section Secretary,


Officer, Gujarat State Information
Commission,
RTI Cell,
1st Floor, Economics &
General Administration Statistical Bureau,
Department, Sector – 18,
Block No. 7, 5th Floor, Gandhinagar – 382018.
New Sachivalaya, Ph. 079 –23252702
Gandhinagar. 23252703
Ph. 079 – 23250414 23252707
23252966
http://gswan.gov.in / rti.htm www.gic.guj.nic.in

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Our Job is….

TO ENCOURAGE
CITIZEN TO SEEK
INFORMATION

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Ultimate Goal

Pillar
of
Democracy
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Ultimate Goal

Lead to Good
Governance.
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Ultimate Goal

Reduce Corruption by
way of Transparency
& Accountability.
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Ultimate Goal

People’s

Participation
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Ultimate Goal

Curb Fatalism
&
Blind Faith
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THANK YOU

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